Continental American Life Ins. v. Fritsche

BARD, District Judge.

This case is before the Court at this time on the defendants’ motion to dismiss the complaint for failure to state a claim upon which relief can be granted. Such a motion is proper under Rule 12(b) (6) of the Federal Rules of Civil Procedure, 28 U.S. C.A. following section 723c.

The plaintiff is a Delaware corporation, and the defendants are citizens of Pennsylvania. The complaint requests rescission and cancellation of three insurance contracts on the life of John Fritsche, Jr., and relief from any liability under an application for further insurance, which was refused.…