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SOLEZ v. ZURICH GENERAL ACCIDENT & LIABILITY INS. CO.

No. 71.

54 F.2d 523 (1931)

SOLEZ v. ZURICH GENERAL ACCIDENT & LIABILITY INS. CO., LIMITED, OF ZURICH, SWITZERLAND.

Circuit Court of Appeals, Second Circuit.

December 14, 1931.

Attorney(s) appearing for the Case

Alfred W. Andrews, of New York City (Fred H. Rees, Rollin E. Talbert, Chester Barrett, William Shumate, and Stewart Warner, all of New York City, of counsel), for appellant.

Coudert Brothers, of New York City (Frederic R. Coudert, Jr., and P. A. Shay, both of New York City, of counsel), for appellee.

Before MANTON, L. HAND, and SWAN, Circuit Judges.

L. HAND, Circuit Judge.

Solez, the deceased, whom it will be convenient to speak of as the plaintiff, took out a policy of accident insurance with the defendant on May 21, 1927. On October 25, 1929, while the policy was in force under extensions, he fell out of a window and was killed; his widow, the beneficiary in case of his death, sued upon the policy, and the defendant answered that it had been procured by misrepresentations made with intent to deceive, which...

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