Miller v. Pacific Mut. Life Ins. Co.

STARR, District Judge.

On July 5, 1950, the defendant company issued its life insurance policy No. S1261691 in the principal amount of $25,-000 on the life of Ben H. Newmark, in which policy the plaintiff Leonard C. Miller was designated as beneficiary. The insured died December 14, 1950, and upon defendant’s denial of liability, the plaintiff began the present action to re cover the principal amount of the policy together with interest and costs of suit. The defendant answered, denying liability on the ground of fraud and misrepresentation by the insured in the obtaining of the policy, in…