Ray Wise v. The Mutual Life Insurance Company of New York

REAVLEY, Circuit Judge:

Ray Wise is the beneficiary of a policy issued by The Mutual Life Insurance Company of New York [Mutual] on the life of his son. Misrepresentations by the deceased appear on the application for the policy, but Mutual did not deliver a copy of the application to the policyholder prior to his death. The parties agree that if Mutual is entitled to assert the misrepresentations in the undelivered application, it may rescind the policy. The district court granted judgment for the beneficiary, holding that the misrepresentations could not be used under these circumstances.…