Bernard v. Metropolitan Life Insurance

This is an action on an industrial insurance policy, with verdict and judgment for the defendant.

The jury, found in a special interrogatory that the insured, John Habowsld, was horn in the year 1857. This interrogatory presented the vital factual issue in the case. In the application for the policy, made in December 1931, the insured’s age was given as about 50 years. The defendant contended the age was misstated. The policy provided that if insured’s age had been misstated only such benefits accrued thereunder as the premiums paid would have purchased at the correct age.

Plaintiff proved the…