NEW YORK LIFE INS. CO. v. HOLLENDER

Docket No. L.A. 21561.

38 Cal.2d 73 (1951)

237 P.2d 510

NEW YORK LIFE INSURANCE COMPANY, Appellant, v. LEO HOLLENDER, Respondent.

Supreme Court of California. In Bank.

November 21, 1951.


Attorney(s) appearing for the Case

Meserve, Mumper & Hughes and C. Avery Crary for Appellant.

Newlin, Holley, Sandmeyer & Tackabury, Keesling & Keesling, Henry H. Childress, George W. Tackabury and Hudson B. Cox, as Amici Curiae on behalf of Appellant.

Leo M. Zinner, Walley & Davis and Milton Davis for Respondent.


SPENCE, J.

Plaintiff brought this action to reform an insurance policy issued on the life of defendant Leo Hollender. Specifically, it sought a reduction in the face amount of the policy so as to conform with the alleged true age of the insured. Defendant cross-complained for the amount of total and permanent disability payments allegedly due under the policy, and for the refund of premiums allegedly paid to prevent forfeiture of the policy. The trial court, sitting...

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