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PHOENIX MUT. LIFE INS. CO. v. CONWAY

15 A.D.2d 924 (1962)

Phoenix Mutual Life Insurance Company, Appellant, v. John W. Conway et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 5, 1962

Order reversed, with $10 costs and disbursements, and defendants' motion denied.

In our opinion, defendants' failure to bring an action within the seven-month period after plaintiff notified them of its intention to rescind the policy on the ground of fraud, constituted a waiver of their right to a jury trial (Prudential Ins. Co. of America v. Haney, 163 Misc. 179; American Life Ins. Co. v. Stewart, 300 U.S. 203). We are...

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