Bluestein v. Prudential Insurance Co. of America

By the defendant’s failure to attach the application for insurance to the policy in suit, it is precluded from grounding any defense on misrepresentations as to the sound health of the insured contained in the application. (Bible v. John Hancock Mutual Life Ins. Co., 256 N. Y. 458, 462.) In said case Cardozo, Ch. J., said: “ The defendant procured applications from *123the insured, but did not attach them to the policies. What was in them we do not know, and we must act as if they had never been.” The policy in the case at bar was solicited by one Max Von Boeckmann, defendant’s agent, who was…