Sherman v. Security Mutual Life Insurance

Opinion by

Mr. Justice O’Brien,

On July 15, 1965, Irving Sherman applied for life insurance from the Security Mutual Life Insurance Company of New York, the appellee. He felt well and *444believed that he was in good health. On July 19, 1965, a physician for the company examined Mr. Sherman and confirmed that he was in good health. On August 24, 1965, between nine and ten a.m., a policy in the amount of $15,000 was delivered to Mr. Sherman at the place of business operated by him and his brother.

The evening of that same day, Irving Sherman complained of feeling nauseated. Since it was his day off,…