Equitable Life Assur. Soc. v. Alvarez

HUTCHESON, Circuit Judge.

Brought after the death of the insured, against his beneficiaries to cancel four life policies, the claim of the suit was that the policies had not taken effect because (1) the deceased was not in good health when the policies were delivered, and (2) he had falsely answered certain questions.1 The beneficiaries denied these charges and by cross-action sued to recover on the policies. Tried to a court without a jury, there were findings (1) that the insured was in good health when the policies were delivered and the first premium on them paid, and (2) that the answers…