Levy v. Equitable Life Assurance Society

GRIM, District Judge.

In this removed case plaintiff as beneficiary of her husband’s life insurance policy has sued to recover a sum which may be due under the policy. Defendant has filed an affidavit and depositions to prove its contention that it is not liable to plaintiff. Defendant’s contention is that plaintiff’s husband procured reinstatement of his insurance by submitting as part of his application for reinstatement false and fraudulent answers to questions relating to his health. Plaintiff has filed no counteraffidavit and no depositions, with the result that, at the present stage of…