Judgment reversed on the law and a new trial granted, costs to abide the event.
The implied findings of fact are affirmed. It was error to refuse the request to charge the jury that the proofs of death submitted by plaintiff to the defendant are binding on plaintiff as admissions and unless explained furnish conclusive evidence of the truth of their contents. (Hanna v. Connecticut Mut. Life Ins. Co., 150 N.Y. 526, 530; Cirrincioni v. Metropolitan Life Ins...
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