New York Life Insurance v. Modzelewski

By its bill of complaint, plaintiff, on grounds hereinafter stated, seeks cancellation of an insurance policy. By her cross-bill defendant prays that payment of the policy be decreed. Decree was in accordance with the prayer of the cross-bill and plaintiff has appealed.

The insured, Walter E. Modzelewski, was defendant’s husband. On March 17 or 18, 1929, he made application to plaintiff company for a policy of life insurance in the amount of $2,500. The insured was examined by plaintiff’s physician March 19th. The examination disclosing no reason to the contrary, plaintiff’s medical examiner…