WAGEMAN v. METRO. LIFE INS.


24 A.D.2d 67 (1965)

Frederick W. Wageman, Respondent-Appellant, v. Metropolitan Life Insurance Company, Appellant-Respondent

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

October 21, 1965.


Attorney(s) appearing for the Case

W. A. Newcomb for respondent-appellant.

David R. Crow of counsel (Tanner, Friend, Kinnan & Post, attorneys), for appellant-respondent.

BOTEIN, P. J., McNALLY, EAGER and WITMER, JJ., concur.


BREITEL, J.

Plaintiff, an insured under a policy of major medical health insurance, recovered a judgment after a jury trial in the sum of $2,229.03. Before submission to the jury, the court dismissed several of the causes of action. There are cross appeals.

The insurer had cancelled the policy sometime after its issuance, and rejected plaintiff's claims. On its appeal defendant insurer urges, as a matter...

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