Scolponeti v. Metropolitan Life Ins.

Carr, J,

dissenting: I am unable to agree with the opinion of the majority of this Division.

This is an action on a policy of life insurance on the life of Henry A. McCarron in which the plaintiff, sister of the insured, was named as beneficiary. In order to show that the insured in his application for the insurance made false representations as to whether he had been attended by a physician or treated in a hospital, the defendant sought to make use of records kept by the United States Veterans’ Administration. It appeared that the records were kept in accordance with the rules and regulations…