New York Life Insurance v. Fleck

Defendants appeal from a judgment canceling a life insurance policy issued October 16, 1939, on the life of one John Eleck, who died June 21, 1941. The action was commenced August 16, 1941, and the complaint alleges, among other things, that the policy was issued upon certain false and fraudulent representations material to the risk, made by the insured in his application, that the statements and representations were relied upon by tbe plaintiff and believed to be true “and that the insurance policy aforesaid thereafter was issued by reason thereof and by reliance thereon and not otherwise.”…