Travellers Insurance v. Heppenstall Co.

Opinion by

Mr. Justice Horace Stern,

An insurance company is seeking in these proceedings to obtain, by judicial decree, the cancellation of one of its policies on the ground that the insured made fraudulent representations in his application for the policy.

Leo A. Daines applied to plaintiff, The Travellers Insurance Company, on, August 22, 1945, for a policy of insurance upon his life in the amount of $50,000, naming defendant, Heppenstall Company, his employer, as beneficiary. On September 13, 1945 plaintiff issued the policy and defendant paid the initial premium of $2,214.50. Daines died on…