Metropolitan Life Insurance v. Goldsmith

After trial, plaintiff insurance company seeks judgment reforming a life insurance policy, and as reformed annulling the policy for fraud and misrepresentation in the application. The beneficiary of the policy and the estate of the deceased insured are defendants. The beneficiary, in addition to denials in the answer, counterclaims for the proceeds of the policy; but consents to the reformation of the policy admitting all the facts alleged as a basis for reformation. The estate of the deceased insured denies knowledge or information of the allegations and tenders a release of liability to…