Guariglia v. John Hancock Mutual Life Insurance

The plaintiff sues as the beneficiary of a policy of life insurance issued by the defendant on the life of her deceased son, Vincent Gruariglia. The complaint alleges a loss payable under the policy. The answer contains a denial and two special defenses. In these, the defendant alleges that statements contained in the application attached to the policy to the effect that the insured was in sound health and that he had not been hospitalized or treated by a physician for heart disease or for any other cause within five years — statements knowingly made by the insured and relied upon by the…