Anna E. Sullivan, and Cross-Appellant v. The Manhattan Life Insurance Company of New York, and Cross-Appellee

DAVIS, Judge.

This insurance case pits plaintiff Anna E. Sullivan, beneficiary and widow of the insured, Thomas A. Sullivan, against the Manhattan Life Insurance Company of New York which refused to pay on the policy because it considers that Mr. Sullivan misrepresented his health in his application. Federal jurisdiction rests on diversity of citizenship. The case was tried to the judge on a combination of a stipulation of facts plus some trial evidence. The court made findings of fact which we accept in largest part, but we reject its ultimate conclusion that on those facts Mr. Sullivan did…