Davidson v. John Hancock Mutual Life Insurance

Winnet, J.,

Defendant resisted payment on the policy because it contended that at its delivery and payment of the premium some time after March 17, 1940, the insured was in the hospital and, *482therefore, not in sound health as required by the policy. It had been issued on a supplemental application which incorporated by reference a policy dated January 20, 1940, on the life of the same insured and which was not in issue in the case. The supplemental application contained a representation that the insured was in sound health and had not consulted or was not treated by a physician since the date…