Faber v. New York Life Insurance

On December 4, 1933, defendant issued a policy of insurance for $2,000 upon the life of Cleon J. Faber, who died on March 20, 1934. Plaintiff, the beneficiary, brought this action to recover upon the policy. Defendant filed answer denying liability, alleging fraud on the part of the insured in the procurement of the policy, and that on account thereof defendant had rescinded the contract. The answer alleged .that the fraud consisted in the insured knowingly giving false answers to certain questions propounded to the insured in the application for the insurance, with intent that defendant’s…