New York Court of Appeals

Maria S. Swift, Respondent v. the Massachusetts Mutual Life Insurance Company, Appellant

November 16, 187563 N.Y. 186

Summary

The Court of Appeals reversed the lower court's judgment, holding that prior statements made by the insured to third parties about his health, when made shortly before the policy application and in connection with his condition, are admissible evidence of his knowledge and therefore may be used to determine whether a material misrepresentation voids the policy.