NEW YORK LIFE INS. CO. v. FERLITA

Civil Action No. 2462.

56 F.Supp. 575 (1944)

NEW YORK LIFE INS. CO. v. FERLITA et al.

District Court, N. D. Georgia, Atlanta Division.

July 8, 1944.


Attorney(s) appearing for the Case

Bryan, Carter & Ansley, of Atlanta, Ga., for plaintiff.

Smith, Smith & Bloodworth and Croom Partridge, all of Atlanta, Ga., for defendants.


LOVETT, District Judge.

This case comes before me on the plaintiff's motion for a summary judgment. It is an action for the cancellation and rescission of a policy of life insurance issued June 3, 1940 by plaintiff to defendant on the ground of material misrepresentations of fact in the application resulting in a substantial change of the character and nature of the risk as contemplated by the policy.

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