Metzinger v. Manhattan Life Insurance

Plaintiffs are the named beneficiaries of group insurance on the life of one Cholodenko.1 They appeal from a judgment denying recovery thereon and declaring the insurance contract null and void for fraudulent representations made in the application therefor. As will appear, we have concluded that the judgment should be reversed for failure of defendant to establish its compliance with a contract provision for furnishing a copy of the application to the beneficiaries or to the insured prior to the latter’s death.

Plaintiffs and Cholodenko were stockholders, officers and directors of the M & M…