NEW YORK LIFE INS. CO. v. WATERMAN

No. 8972.

104 F.2d 990 (1939)

NEW YORK LIFE INS. CO. v. WATERMAN.

Circuit Court of Appeals, Ninth Circuit.

Petition for Rehearing Denied July 21, 1939.


Attorney(s) appearing for the Case

Meserve, Mumper, Hughes & Robertson, of Los Angeles, Cal. (E. Avery Crary, of Los Angeles, Cal., of counsel) for appellant.

Arthur Rosenblum, of Los Angeles, Cal., for appellee.

Before WILBUR, DENMAN, and HEALY, Circuit Judges.


DENMAN, Circuit Judge.

This action was brought by the New York Life Insurance Company of New York to cancel a reinstatement after lapsation of two insurance policies of life and health, issued to Samuel L. Waterman, the appellee, upon the ground that such reinstatement was procured by fraudulent representation concerning his condition of health and insurability.

The trial court sustained a motion to dismiss upon the...

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