Marshall v. Metropolitan Life Insurance

Plaintiff Annabell Marshall, as beneficiary, sued defendant to recover on two policies of life insurance issued by defendant on the life of Frank H. Marshall, plaintiff’s deceased husband. -From a superior court judgment for $8,900 on a verdict, defendant appeals.

The first policy, dated March 3,1944, was in the sum of $6,000, and the second, dated March 20, 1944, was in the sum of $2,000. The insured died on February 4, 1946, within the contestable period.

The company defends on the ground that both policies were avoided by material misrepresentations made in answer to certain questions in the…