Montgomery v. John Hancock Mutual Life Insurance

Plaintiff proved the issuance of the policies, the death of the insured, the making of due proof of the death, the refusal of the defendant to pay and the other requisite formal facts, thus making a prima facie case for recovery. The defendant conceded on the trial that its first separate defense, fraud in the application for the policy, was unavailing because the application was not made a part of the policy. (Ins. Law, § 58.)

The second defense is that the insured suffered from heart disease, and had been attended therefor by a physician within two years before the issuance of the policy,…