Franklin Life Insurance v. Bieniek

DUMBAULD, District Judge.

This is a non-jury diversity case. This opinion shall be deemed to embody findings of fact and conclusions of law in accordance with Rule 52, F.R.Civ.P., 28 U.S.C.A. We also adopt, as sustained by the record, the sixteen (16) numbered *839findings of fact requested by plaintiff. Plaintiff insurance company seeks to cancel a life insurance policy, after the death of the insured on May 4, 1959, on the ground of alleged fraudulent representations in the application. The law of Pennsylvania is that in the case of representations (as distinguished from warranties) there must…