Curtis v. New York Life Insurance

On February 16, 1905, Samuel D. Jenness, the plaintiff’s testate, who was then fifty-four years of age, applied to the defendant company for a five year single premium endowment policy for $5,000. The premium for this policy would have been $4,636.45. Under it Jenness would have been entitled to $5,000 if living at the end of five years from its date, and the beneficiaries named in the application would have been entitled to that sum in case of his death during the five year period. After a prescribed medical examination this application was declined.

Subsequently Jenness made written…