Hirsch v. New York Life Insurance

The action was brought to recover benefits for total and permanent disability under a life insurance policy in the sum of $5,000 issued by defendant to plaintiff’s intestate, the original plaintiff herein, who will hereinafter be referred to as the plaintiff.

It is not disputed that plaintiff was totally and permanently disabled within the meaning of the policy. The defense to the action is that the policy in suit had lapsed for nonpayment of a premium due February 15, 1934, and that in an application made on August 13, 1934, to reinstate the policy, the plaintiff made a false representation…