LaRocca v. John Hancock Mutual Life Insurance

The action was brought by the administrator of the insured for the return of premiums paid by the insured. Defendant when this suit was begun had defeated a prior action of the beneficiary to recover under the policy.

The policy for $1,000 was taken out January 16, 1935, the insured naming his father Michael beneficiary. The insured died twenty-one months subsequent to his application. Before suit by the beneficiary the company elected to rescind and offered to return the premiums paid, on the ground of concealment by the assured, in his answers in the application, that he had pulmonary…