Funchess v. United States Life Insurance Co.
New York Supreme Court, Appellate Division
77 A.D.2d 516, 430 N.Y.S.2d 77 (1980)
- Written by Nicole Gray , JD
Facts
Funchess (plaintiff) sought benefit payments from a life-insurance policy that was issued by United States Life Insurance Company (US Life) (defendant). The insured was murdered. When Funchess tried to collect benefits from the decedent’s policy, US Life sought to rescind the policy because the decedent had stated that he was 37 years old, as opposed to 47, when he applied. US Life offered to provide Funchess a refund of the premium that the decedent had paid. However, US Life maintained that it was entitled to rescind the life-insurance policy, arguing that the decedent’s misrepresentation was material because the decedent would have had to take a physical examination before being insured had he presented his true age.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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