New York Court of Appeals
Mary Rudolph, Respondent v. the John Hancock Mutual Life Insurance Company, Appellant
June 11, 1929251 N.Y. 208
Summary
The Court held that the physician’s certificate submitted as part of the proofs of claim is admissible as a voluntary admission by the claimant and not hearsay, and therefore reversed the Appellate Division and ordered a new trial. It reasoned that the claimant’s delivery of the certificate constituted a prima facie admission and that its exclusion violated the policy’s terms. A dissent argued that the affidavit was compelled by the contract and not an admission, and urged affirmation of the judgment.