Equitable Life Assur. Soc. v. MacDonald

DENMAN, Circuit Judge.

This appeal is from a judgment upon a verdict in favor of the insured under three life policies, with indemnity for total disability, which the insurer contended were procured by false and fraudulent misstatements in the insured’s application. '

The case went to the jury without a requést for an instructed verdict for the defendant company. The claims of error the record requires us to consider concern the effect on the burden of proof of a presumption of intent to deceive and a refused instruction relative to a' presumption arising from the proof of material…