Apter v. Equitable Life Assurance Society of United States

This is an appeal from a judgment on the counterclaim of the defendant for the return of the amount paid under disability *655benefits, cancellation of waiver of payment of premiums and disability benefits and cancellation of the policies on the ground of non-payment of premiums. The plaintiff stated in his application that he had not consulted a physician or had not been treated by one during the past five years. The evidence showed that he had consulted a physician and was sick at the time; that he had consulted a second physician who examined him and who found him suffering from no clinical…