Frank v. Metropolitan Life Insurance

Keniston, G. J.

This is an action of contract in which the plaintiff seeks to recover as beneficiary on two insurance policies issued by the defendant on the life of Jack Frank in the sum of $1000.00' each.

The defendant’s answer admits that it issued the two policies on March 1, 1941 and May 1, 1941, respectively, but alleges that in making application for the policies the insured made misrepresentations and warranties with actual intent to deceive and about matters which increased the risk of loss and that said misrepresentations and warranties are contained in the written application…