Equitable Life Assurance Society of United States v. Milman

Judgment modified by reversing as to Policy No. 3,696,772, and as so modified, the judgment is affirmed with costs to the appellant.

On the application for reinstatement of the above numbered policy, defendant failed to disclose that he had consulted physicians once for constipation and three or four times for a cold. Such failure did not constitute “ a misrepresentation, material or otherwise.” (Geer v. Union Mut. Life Ins. Co., 273 N. Y. 261, 267.) The printed application form stated: “ I hereby certify that I am in good health; that except as stated below, I have had no illness, have not…