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HAYES v. JOHN HANCOCK MUT. LIFE INS. CO.

278 A.D. 600 (1951)

Ruth Hayes, Respondent, v. John Hancock Mutual Life Insurance Company, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 10, 1951.

The defendant issued an industrial insurance policy in the amount of $500 upon the life of Charles D. Hayes on January 28, 1948. Hayes, a man fifty years of age, died on February 19, 1948. The cause of death, disclosed upon autopsy, was pulmonary tuberculosis with arteriosclerosis as a contributory cause. The defendant contended the policy was void on the ground that the insured had visited a physician on January 2, 1948, and on January...

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