Lindenbaum v. Equitable Life Assurance Society of the United States

Defendant-appellant appeals from a judgment in favor of the plaintiffs-respondents in these consolidated actions entered upon a jury verdict after trial. Plaintiffs were beneficiaries of two $20,000 policies of insurance issued by defendant on August 13, 1954, and September 27, 1954, respectively. The insured, who was the father of the two infant plaintiffs and the brother-in-law of the adult plaintiff, died on December 23, 1954, as a result of injuries received in an accident.

The defense was predicted upon misrepresentations as to medical history and treatment in the application for the…