Metropolitan Life Insurance v. Tarnowski

The opinion of the court was delivered by

Heher, J.

The question here is whether Chancery is invested with jurisdiction to restrain the enforcement of a judgment at law “for equitable fraud” under these circumstances: Tarnowski, the defendant herein, sued the complainant insurer at law on a policy of insurance issued upon the life of his deceased mother, payable to him as beneficiary. The insurer answered setting up “fraudulent” misrepresentations, suppression and concealment by the insured of certain facts material to the risk respecting illnesses and the nature thereof, attendance by…