Malnati v. Metropolitan Life Insurance

In this action to recover on a policy of life insurance, the defendant set up the defense of fraud and misrepresentation in that the insured in his application had willfully made certain false representations concerning his health, in reliance upon which the policy was issued.

The policy was issued on March 4, 1924, on the life of Louis Malnati. He died on August 24, 1925. This action was commenced on or about April 12, 1926, so that at the time of the commencement thereof more than two years had elapsed since the issuance of the policy, although less than two years had elapsed at the time the…