New York Life Insurance v. Veit

In applying for the life insurance policy issued by plaintiff, the insured, Minnie A. ]Bradbrook, stated her age to be forty-six years when it is claimed she had passed- her sixty-second birthday. Unaware of the insured’s true age at the time of her death, plaintiff paid to the beneficiary of the policy the face value thereof.

' The plaintiff insurance company, asserting that the insured fraudulently misrepresented her age, seeks to recover the difference between the amount of insurance the premiums would have paid for, at the correct age and the sum which it actually paid to the beneficiary.…