New York Court of Appeals

Peter Grattan, as Executor v. the Metropolitan Life Insurance Company, Appellant

March 9, 188080 N.Y. 281

Summary

The Court of Appeals affirmed the judgment of the General Term, holding that the insurer's refusal to furnish blanks for proofs of death constituted a waiver of the policy's proof requirement, that the referee properly allowed amendment of the complaint, that the insured's statements about his occupation were truthful, that the insurer is liable for the false statement about the sister's death caused by its agent, and that physician testimony regarding the cause of death was privileged and properly excluded.