Danford R. Cushman v. the United States Life Insurance Company, Appellant

Summary

The New York Court of Appeals affirmed the judgment, holding that brief, temporary congestion of the liver does not constitute a "disease of the liver" for purposes of the warranty in a life‑insurance policy, that the determination of whether such congestion was a disease is a factual issue for the jury, that the question of who was the insured's usual medical attendant is likewise a factual issue, that the plaintiff is not liable for statements made by the attending physician in the proof of loss, and that the testimony concerning the cause of death was properly admitted.