John S. Smith v. New York Life Insurance Company

VANCE, Circuit Judge:

This is a diversity action seeking recovery on a policy of insurance issued by New York Life Insurance Company on the life of Malcolm A. Mauss. By assignment plaintiff became the owner and was named beneficiary of the policy.

On November 26, 1973 Mrs. Mauss applied for a $100,000.00 policy on her husband’s life through Mr. W. B. Droubay, a field underwriter for New York Life. A medical examination was accomplished and submitted on December 12, 1973. A policy bearing a “policy date” and “date of issue” of January 7, 1974 was sent by New York Life to Mr. Droubay for delivery…