Judgment and order reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event.
Memorandum:
The industrial life insurance policy in suit contains an avoidance clause in the form permitted by paragraph (b) of subdivision 3 of section 163 of the Insurance Law. The policy was issued on October 23, 1946, and insured died on November 7, 1946. The insurer declared the policy void and refused to pay the face value of the...
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