New York Court of Appeals

Bronx Savings Bank, Appellant v. Anna Weigandt, Respondent

July 11, 19561 N.Y.2d 545

Summary

The Court affirmed the lower courts' dismissal of both the insurer's rescission claim and the beneficiary's counterclaim, holding that a statement of good health in an insurance application is not an enforceable affirmation of fact absent fraud and that ambiguous policy language must be construed against the insurer.