Tolbert v. Mutual Benefit Life Insurance

The written application signed by the insured upon which the policy of insurance was issued contained the following questions and answers:

“29. Have you ever had eleetro-cardiographic or X-ray studies made? 29. No.

“31. A. Has a physician or other practitioner examined you within 2 months? 31. A. No.

“32. B. Have you had any reason, during the past six months, to think you might be physically impaired, temporarily or otherwise? 32. B. No.

“34. For what have you consulted, or been attended by a physician or surgeon or other practitioner during the past seven years? None.”

There was evidence offered…