Fish v. Metropolitan Life Insurance

The opinion of the court was delivered by

Swayze, J.

When this case was previously before the court, we held that the proofs showed .a breach of the warranty that the assured had not been under the care of a physician (except one named) within two years. 44 Yroom 619. Upon the retrial the plaintiff proved that the assured, at the time of the application for insurance, told the examining physician that he had been doctored by Dr. Sharp and Dr. Jarrett, the physicians whose care was relied on by the defendant as constituting the breach of warranty; that the examining physician said “that doesn’t…