New York Life Insurance v. W. Bodek Corp.

Opinion by

Mr. Justice Schaffer,

In this proceeding in equity the New York Life Insurance Company seeks the cancellation of a policy of insurance for $50,000 on the life of David Rabinovitch, deceased, the beneficiary of which is M. Bodek Corporation. The cancellation is asked on the ground that the insured obtained the policy by false and fraudulent representations in his written application for the insurance. In answer to the question, “Have you ever had . . . syphilis,” he replied, “No,” and in answer to the question, “What physicians . . . have you . . . been examined ... by within the last…