LUTZ v. NEW ENGLAND MUT. LIFE INS. CO.

No. 11180.

161 F.2d 833 (1946)

LUTZ et al. v. NEW ENGLAND MUT. LIFE INS. CO. OF BOSTON.

Circuit Court of Appeals, Ninth Circuit.

June 24, 1946.


Attorney(s) appearing for the Case

McLaughlin, McGinley & Hanson and John P. McGinley, all of Los Angeles, Cal. (William L. Baugh, of Los Angeles, Cal., of counsel), for appellants.

Meserve, Mumper & Hughes and Roy L. Herndon, all of Los Angeles, Cal., for appellee.

Before GARRECHT, DENMAN, and HEALY, Circuit Judges.


DENMAN, Circuit Judge.

This is an appeal from a judgment of the district court holding void and unenforceable and ordering the surrender of a policy of life insurance on the life of Abe Lutz, hereinafter called the insured, applied for and issued to Harry Lutz, his son. The judgment was based upon findings of the absence of the required good health in Abe Lutz at the time the first premium was paid and the policy delivered and of misrepresentation in the application...

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