The Prudential Insurance Company of America v. Frances S. Barden

I find no failure of proof of misrepresentation. Nor do I think that the artfully practiced fraud was waived by the insurer. I dissent from the majority’s contrary conclusions; I would affirm the district judge.

In response to questions patently designed to elicit his history of acute pan-creatitis and cirrhosis of the liver from excessive use of alcohol, the insured admitted only to hospitalization and treatment for an unexceptional appendicitis. Specifically, the insured replied affirmatively to question 10(d) that he had had or had been treated for “stomach or intestinal trouble” and…