Travelers' Insurance v. Pomerantz

Levy, J.:

Plaintiff seeks a rescission of the life insurance policy issued to the defendant Morris Pomerantz for the reason that the latter made certain misrepresentations of fact in his application for such insurance which were of a material nature. The policy, plaintiff asserts, was issued not only in consideration of the payment of the premium but upon the truth of the representations written into the application and that since the latter is part of the contract (Ins. Law, § 58) any statements therein contained, if untrue and material, are sufficient to warrant a rescission, thus vitiating…