Derr v. Mutual Life Insurance Co. of New York

Opinion by

Me. Justice Linn,

Defendant insurance company appeals from judgment on a verdict for plaintiffs, the beneficiaries 1 named in two policies of insurance on the life of Martin M. Derr. The policies were dated April 23,1941, effective as of April 15, 1941. The insured died February 15, 1943, of coronary thrombosis, with acute indigestion as a contributory cause. The defense was false and fraudulent misrepresentations inducing the insurance. Defendant admitted liability to repay the premiums which had been received and was allowed to pay into court the amount with interest and costs…