Commercial Insurance Company of Newark, New Jersey, a Corporation v. Robert T. Smith

HICKEY, Circuit Judge.

This is a civil diversity action from the District Court for the District of Colorado in which the appellant Commercial Insurance Company originally brought suit to cancel and annul a disability insurance contract on the grounds that certain misstatements were made in both the original application for insurance and a subsequent application increasing the benefits. Appellee, a dentist, hereafter referred to as “Dr. Smith”, originally filed only an answer, but subsequently counterclaimed for benefits under the policy.

At pre-trial conference the original complaint was…