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NEW YORK LIFE INS. CO. v. KWETKAUSKAS

No. 4918.

63 F.2d 890 (1933)

NEW YORK LIFE INS. CO. v. KWETKAUSKAS.

Circuit Court of Appeals, Third Circuit.

March 3, 1933.

Attorney(s) appearing for the Case

Arthur G. Dickson, of Philadelphia, Pa. (Louis H. Cooke, of New York City, of counsel), for appellant.

Horace M. Schell, of Philadelphia, Pa., M. A. Kilker and Cyril C. Kilker, both of Girardville, Pa., and Charles Staudenmeier, of Ashland, Pa., for appellee.

Before WOOLLEY, DAVIS, and THOMPSON, Circuit Judges.

DAVIS, Circuit Judge.

This is an action of assumpsit brought by Mary Kwetkauskas to recover as the beneficiary the face value of two policies of insurance upon the life of her husband, William, now deceased. The defendant company avers in its affidavit of defense that the insured made false and fraudulent answers, material to the risk, to the questions put to him in the application for the insurance, both as to his medical history and the amount of insurance which...

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