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ENGL v. ÆTNA LIFE INS. CO.

No. 137.

139 F.2d 469 (1943)

ENGL v. ÆTNA LIFE INS. CO.

Circuit Court of Appeals, Second Circuit.

December 3, 1943.

Attorney(s) appearing for the Case

Harry G. Herman, of New York City (Jacob A. Bernstein, of Mt. Vernon, N. Y., on the brief), for plaintiff-appellant.

Daniel Miner, of New York City (Allen M. Taylor, of New York City, on the brief), for defendant-appellee.

Before AUGUSTUS N. HAND, CHASE, and CLARK, Circuit Judges.

CLARK, Circuit Judge.

Defendant's defense to plaintiff's claim as beneficiary of three insurance policies totalling $8,000 upon the life of her deceased husband is based upon the contention that in applying for the insurance the insured had misrepresented the facts as to consultations he had had with physicians. After defendant had filed its answer herein wherein it raised this defense by detailed allegations and showed a tender of premiums paid, it then proceeded...

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