Mutual Life Insurance Co. of New York v. Bamford

Opinion by

Cunningham, J.,

Appellant was the beneficiary in a reinstated contract of insurance issued by the appellee company upon the life of her husband, Mark H. Bamford, in the amount of $2,000; she has appealed from a decree of the court below, sitting in equity, cancelling and rescinding the policy upon the ground that its reinstatement had been procured by fraud.

The fraud charged in the bill was that the insured, in making his written and signed application for the reinstatement of the policy (which had lapsed for nonpayment of a premium) and while being examined by appellee’s medical…