Alperin v. National Home Life Assurance Co.

Plaintiff appeals from a judgment entered in defendants’ favor on a mortgage protection life insurance contract. She contends that defendants: (1) failed to prove fraud or misrepresentation by the insured in the procurement of the policy, (2) failed to establish that a medical report containing the alleged misrepresentations was attached to insured’s pol'cy at issuance, and (3) are barred by their answer from relying upon any misrepresentations contained in the medical report.

The pertinent facts on appeal are as follows:

Stanley Alperin, the insured decedent, and plaintiff, his wife, were…