DeRosa v. Equitable Life Assurance Society of United States

Opinion by

Hirt, J.,

Plaintiff, husband of the insured, is the beneficiary of a policy issued by defendant. Payment was contested on the ground of alleged false and fraudulent representations material to the risk, in the application for the insurance attached to the policy. The jury found for plaintiff for the amount of the policy and judgment was entered on the verdict. The errors assigned go to the refusal of judgment n.o.v. and a new trial.

Pearl M. DeRosa was first insured by defendant in a life policy issued in 1928. Under a rule of the company, because she then submitted to a physical…