Equitable Life Assurance Society of the United States v. Obertate

Opinion of the -Court by

Judge Richardson —

Reversing.

On tbe 31st day of December, 1931, Neal Obertate signed and delivered to the agent of the Equitable Life Assurance Society of the United States an application for a policy of life insurance for $2,500. The application contained a list of questions propounded to, and answered by, .him. "Without a medical examination, based solely on his answers to these questions, on or about the 11th day of February, 1932, for a paid premium of $111.08, the Equitable delivered the policy. On the 16th day of April, 1932, he departed this life, and later, the…