Fortunato v. Metropolitan Life Insurance

The evidence establishes that in the absence of a waiver and estoppel upon the part of the company it had the right to declare the policy void under the usual sound health clause, the deceased not being in good health upon the date of the policy, to wit, October 15, 1934.. The application, the declaration of the assured and the report of the medical examiner were not attached to the policy. The plaintiff contends that the defendant’s agent had acquired knowledge of the. *919assured’s ill health and that under the decision of Bible v. John Hancock Mut. Life Ins. Co. (256 N. Y. 458) the company…