Mutual of Omaha Insurance v. Korengold

This is an action to rescind a policy of health and accident insurance issued by plaintiff company to defendant. The basis of the action was the alleged misrepresentations as to the condition of defendant’s wife’s health made in the application for the insurance. During the pendency of the action, defendant negotiated and retained the proceeds of a draft forwarded to him by the company as a part of the company’s efforts to rescind the policy. Plaintiff then moved to amend its complaint to allege rescission of the policy and for summary judgment declaring the policy rescinded. The trial court…