Mutual Benefit Life Insurance v. Abbott

Plaintiff brought suit against defendant, its insured, to rescind three separate disability insurance policies on the basis of alleged material misstatements of fact regarding defendant’s prior medical history at the time of filling out application forms for the policies and again on defendant’s application for reinstatement of the policies after he had defaulted on payment of premiums. The case was tried before the court without a jury, and at the conclusion of plaintiff’s proofs, defendant’s motion to dismiss was granted. Plaintiff appeals.

In July, 1956, plaintiff had in effect two life…