Ortner v. Bankers Security Life Insurance Society

The question presented is whether in an action to recover the death benefit on a policy issued to the plaintiff on the life of his business associate the defendant insurer may examine before trial as a witness the widow of the business associate.

On May 23, 1961 plaintiff and his partner, Saul Schleifer, applied in writing to defendant for a $15,000 policy on the life of Schleifer. In their application both men represented, among other things, that Schleifer was at the time in good health and free from deformity and defect; that he did not have various ailments; and had not been examined…