Schenck v. Prudential Insurance of America, Inc.

In an action predicated upon a policy of life insurance, the defendant insurance company counterclaimed rescission of the policy, based upon certain alleged misrepresentations as to the health of the insured.

The motion is now made by the defendant, pursuant to section 96 of the Civil Practice Act, for an order severing the issues in the action and directing a separate and prior trial at Special Term of *283the issues raised by the counterclaim, and staying the trial of the issues raised by the complaint. The defendant states that it is willing, if the relief it asks is granted, to stipulate that…