Huber v. New York Life Insurance

WHITE, J., pro tem.

This is an appeal from a judgment in favor of plaintiff in an action upon a policy of life insurance in which plaintiff seeks to recover the total disability benefits provided to be paid by the terms of the policy in question. Defendant insurance company pleaded as affirmative defenses that the policy had lapsed for nonpayment of a premium when due, or within the period of grace; that plaintiff had filed an application for reinstatement of said policy, which application contained false and fraudulent statements with reference to plaintiff’s health and insurability; that in…