Sylvia Ostrov v. Metropolitan Life Insurance Company

OPINION OF THE COURT

KALODNER, Circuit Judge.

In the instant diversity action, 1 the plaintiff Sylvia Ostrov sought to recover from the defendant Metropolitan Life Insurance Company on a $50,000 life insurance policy issued to her on the life of her deceased husband, Nathan, the defendant having denied payment because of Nathan’s alleged material misrepresentations as to his health. Following trial, the jury returned a verdict-in favor of the defendant, and, pursuant thereto, judgment was entered in favor of the defendant on the policy claim, and for the plaintiff for $3,582.26 representing…