Marshall v. Metropolitan Life Insurance

The undisputed material facts are: December 30, 1943, insured was treated by Dr. Cox for a gall bladder attack. March 3, 1944, he applied for the first, or $6,000 policy involved herein and did not disclose the treatment by Dr. Cox in answering questions calling for that information. March 10 insured was attended by Dr. Miller, who found him suffering from a strep throat and a cardiac condition. An electrocardiogram taken March 14 at Dr. Miller’s suggestion showed ventricular muscular damage. March 22 insured was examined by Dr. Brams, a heart specialist recommended by Dr. Miller. Insured…