Roth v. Equitable Life Assurance Society of United States

This is an action by the beneficiary of an insurance policy, not the personal representative of the deceased insured, to recover the face amount of a policy issued by the defendant. The defenses are that the policy did not become effective because the insured was not in good health at the time of the payment of the first premium, and that the policy was rescinded by the defendant because of material misrepresentations made in the application as to the state of health of the insured. The misrepresentations consist of statements that the insured was in good health at the time of the…