Equitable Life Assur. Soc. of the United States v. Saftlas

BARD, District Judge.

The Equitable Life Assurance Society filed its complaint in this court August 17, 1938, seeking to rescind the disability and double indemnity provisions of the life insurance policy issued to Joseph Saftlas, to enjoin the insured from continuing an action in the state courts to recover disability benefits, and to enjoin both defendants from commencing any further action for either disability or double indemnity benefits. Fraud in the procurement of the policy is alleged as the basis for the relief sought.

By its terms, the policy was to be incontestable after being in…