Kaffanges v. New York Life Ins.

WILSON, Circuit Judge.

This is an-appeal from a decree of the District Court of Massachusetts in an equity proceeding seeking to declare null and void that part of a life insurance policy which also provided for disability benefits. The policy was issued in August, 1926, and contained an incontestable clause as to death benefits, but not as to the disability provisions.

In his application for the policy on August 26, 1926, the appellant stated that he had never consulted a physician or suffered any ailment or disease of the brain or nervous system; that he had been successfully operated on for…