Fountain & Herrington, Inc. v. Mutual Life Ins. Co. of New York

PARKER, Circuit Judge.

This is an appeal in an action instituted to recover on a policy of life insurance. The defendant admitted the execution of the policy, b,ut alleged that same was avoided by reason of the falsity of certain representations contained in the application. Plaintiff, in reply, alleged that defendant’s local agent had knowledge of the facts, and that the delivery of the policy under the circumstances was a waiver of the right to rely upon the falsity of the representations. Plaintiff also alleged that, after the delivery of the policy, the insured communicated the facts to an…