Goldstein v. Equitable Life Assurance Society of the United States

La Petra, Ch. J.

This is an action to recover for permanent disability benefits under policies of insurance issued by the defendant-insurer to the plaintiff-insured in October of 1931.

The insurer concedes the disability as of April 19, 1935. It interposes equitable defenses. They are in substance that the disability provisions of the policies are voidable because of certain false representations made by the insured which appear in his applications. It claims they were made to induce it to accept the risk; that relying upon the same it was deceived; that the statements were material, were…