Massachusetts Mutual Life Insurance v. Tate

Hopkins, Acting P. J. (dissenting).

I dissent and vote to affirm the judgment.

Special Term found that the decedent failed to disclose that she had received "advice from or attendance or treatment by physicians, other practitioners or psychologists”, as requested by the application form for the insurance. Special Term further found that Dr. Ferrell, a psychiatrist, diagnosed the condition of the insured as "involutional melancholia with post-partum depression” and "paranoid ideation”, and that he had treated the insured for alcohol addiction. Special Term also found that the policy would not…