Equitable Life Assurance Society of the United States v. Ashby

Civil action to cancel and rescind the total and permanent disability and double indemnity provisions contained in a life insurance policy.

The plaintiff contends that the issuance of the policy containing said provisions was based upon representations made in the application for the policy and in the application, Part II, being statements made to the medical examiner; that certain of the representations in the application, Part II, were material and false and by reason thereof the total and permanent disability and the double indemnity clauses in said policy are void. Under the contract of…