Equitable Life Assurance Society of United States v. Kaplan

Plaintiff insurance company instituted this action to recover judgment declaring rescinded and null and void the disability and double indemnity provisions contained in three policies, and the double indemnity provision in a fourth policy, issued by it to the defendant Emanuel Kaplan, because of alleged false representations made by defendant in response to questions submitted to him when applying for such policies. The proof adduced on the trial, both oral and documentary, incontrovertibly indicates the falsity of the representations and the materiality thereof; and on those questions the…