Leclerc v. Prudential Insurance Co. of America

The case is on all fours with Boucouvalas v. Insurance Co., 90 N. H. 175, and is controlled by it. Here, as in that case, the applications were attached to and made part of the policies. Together they constituted the entire contract. The applications contained false answers as regards the condition of insured’s health, and previous treatment. He stated he was in good health, never had had heart trouble, and never had been treated by a doctor, while in fact he had rheumatic heart trouble for a number of years, and had been attended by various physicians.

Plaintiff’s position is that those facts…