New York Life Insurance v. Guttenplan

The documentary proof clearly establishes- that the insured misstated his age when he applied for the life insurance in 1929. In a written declaration of his intention to become a citizen of the United States made in 1912 and again in his petition for naturalization executed in 1919, occasions when there was present no motive to speak falsely, the insured swore that he was born on July 13, 1872. This would make the insured’s age fifty-seven years when he entered into the contract of insurance, and not forty-five years, as stated by him in his written application. The records of the board of…