Hartnett v. Home Life Insurance

Bastow, J. P.

This action was brought to recover the amount claimed due upon a life insurance policy issued by defendant to plaintiff’s husband in which plaintiff was named as beneficiary. Defendant asserted, among other defenses, that the insured had made certain material misrepresentations in applying for the policy and alleged that if the true facts had been known they would have led to a refusal to issue the policy. Tender was made of the paid premiums.

The jury returned a general verdict in favor of plaintiff. Thereafter the trial court without entertaining a motion to set aside the…