New York Life Ins. v. Morris

SCHOONMAKER, District Judge.

This is an action in equity filed January 14, 1937, in which plaintiff is seeking to reform an insurance policy issued on February 17, 1926, to Harold Morris, by deleting and eliminating therefrom the disability and double-indemnity provisions contained therein, on the ground that the insured made certain false and fraudulent representations as to his physical condition as to his hospital treatment and his consultation with a physician.

The defendants both answered the bill of complaint, and moved to dismiss the bill of complaint by reason of an incontestable clause…