George M. Kenyon, Respondents v. Knights Templar and Masonic Mutual Aid Association, Appellant

Summary

The New York Court of Appeals affirmed the judgment, holding that the truthfulness of the insured’s answer about retailing alcoholic liquors was a factual issue for the jury, that the insurer could not rely on a misstatement in the application despite its agent’s knowledge, and that the insurance certificate remained in force at the insured’s death because the insurer’s prior course of dealing waived strict compliance with the assessment payment terms.