Sylvia Jacobson and American Cold Hearing Corp. v. Equitable Life Assurance Society of the United States

FAIRCHILD, Circuit Judge.

Action by named beneficiaries to recover on two $50,000 life insurance policies issued by defendant Equitable Life Assurance Society of the United States (Equitable). 1 2 The jury returned a verdict for Equitable.

On February 16, 1961, the insured Morton Jacobson, dealing with David Dorin, an agent for Equitable, made an incomplete application for $100,000 life insurance. Mr. Jacobson was medically examined, Part II of the application “Statements to Medical Examiner” was filled in, and Jacobson signed the Part II. He did not sign the Part I which Dorin filled out that…