Massachusetts Accident Co. v. Stone

Complainant seeks concellation of a health policy issued by it to defendant August 3d 1925, and also a money decree for the sum paid out under the policy. The bill is based on alleged fraud in defendant's answers to questions contained in the application which is annexed to and made a part of the policy, and on allegedly false statements made to the medical examiner, but which are not annexed to or included in the policy. A preliminary question relates to the statements to the medical examiner.

The policy contains the following stipulation: "No statement made by the applicant for insurance,…