Annie A. Grattan as Administratrix v. the Metropolitan Life Insurance Company of New York, Appellant

Summary

The New York Court of Appeals affirmed the judgment, holding that a warranty that a third person is in "good health" is satisfied by the appearance of health, not by the actual absence of disease; that the insurer, not the insured, bears the burden for false statements in a medical examiner's report unless the insured knew of the falsity; that the introduction of part of a letter permits admission of the remainder that explains or qualifies it; and that a physician's testimony about observations prior to examination is privileged and properly excluded.