Prevete v. Metropolitan Life Insurance

Opinion by

Mr. Justice Drew,

Plaintiff is the beneficiary of an insurance policy issued on September 8,1937, by defendant company on the life of her husband, Joseph Prevete, who died January 10, 1938. The jury returned a verdict for plaintiff. After denial of motions for judgment n. o. v. and for a new trial, judgment was entered upon the verdict and defendant company appealed.

The policy provides that all statements made by the insured, in the absence of fraud, are deemed to be representations. The application, which was signed by the insured following the recording of his answers as furnished…