Morris Apter, Respondent v. Home Life Insurance Company of New York, Appellant

Summary

The New York Court of Appeals reversed the Appellate Division and ordered a new trial, holding that the one‑year incontestability clause bars rescission for fraud, that disability benefits are unavailable for a disease that originated before the policies became effective, that the waiver of premiums is likewise protected, and that the plaintiff's admission waives the statutory privilege protecting tuberculosis information.