New York Life Insurance Co. v. Bahadurian

Plaintiff filed a bill to cancel, on the ground of fraud, a life insurance policy issued to defendant's husband payable to her. There was decree for plaintiff, and defendant appeals.

The insured, in his application, represented he had not consulted a physician in five years prior to making such application. Plaintiff proved he did so consult a physician, and defendant recalled the witness and sought to prove that the insured's infirmity impaired his health to a minor extent only. The insured —

"concealed a material fact by a false representation. The insurer had a right to know that he had…