Esther Scheinman v. Phoenix Mutual Life Insurance Company of Hartford, Connecticut, a Corporation

DUFFY, Senior Circuit Judge.

This is a suit brought by plaintiff as designated beneficiary in what is alleged to be a contract of temporary life insurance. Jurisdiction is based upon diversity of citizenship.

Plaintiff’s late husband, Daniel Scheinman, had two policies of life insurance with the defendant company which were issued in 1957. In August 1960, Scheinman made application for an additional policy of insurance in the amount of Fifty Thousand ($50,000) Dollars. He executed Part I of a two-part application and paid defendant’s agent the sum of Two Hundred Fifty ($250) Dollars. He was…