Bellestri-Fontana v. New York Life Insurance

In a written application for life insurance, Charles Bellestri represented he had never suffered from any ailment or disease of the stomach or intestines and had not, within five years, consulted with or been treated by a physician. This was not true, for he had consulted a physician about stomach trouble a few months before making the application and another physician had taken an X-ray of his stomach. The application for insurance was made June 2, 1922; he consulted a physician in February, 1922; and died September 13, 1922, following an operation for duodenal or gastric ulcer. When proofs…