Di Filippi v. Equitable Life Assurance Society of the United States

Hawkins, J. (dissenting).

I dissent and vote to reverse the judgment of the trial court.

The abiding fact remains that the decedent deliberately, significantly and designedly failed to disclose to the appellant insurer that on April 17, 1972—a month preceding his execution of the application for life insurance—he had been discharged from the hospital where he had been confined for four days. As to each of the following questions on the application for insurance, the applicant answered in the negative:

"7. Have you ever been treated for or ever had any known indication of * * * f. Sugar, albumin,…