LANDAU v. MUTUAL LIFE INS. CO. OF NEW YORK

No. 10734.

199 F.2d 549 (1952)

LANDAU v. MUTUAL LIFE INS. CO. OF NEW YORK.

United States Court of Appeals Third Circuit.

Decided October 28, 1952.


Attorney(s) appearing for the Case

William H. Eckert, Pittsburgh, Pa. (John G. Buchanan, Jr., Smith, Buchanan, Ingeroll, Rodewald & Eckert, Pittsburgh, Pa., Haughton Bell, New York City, on the brief), for appellant.

Louis Vaira, Pittsburgh, Pa., for appellee.

Before McLAUGHLIN, KALODNER and HASTIE, Circuit Judges.


KALODNER, Circuit Judge.

The issue is whether, in a suit brought upon two life insurance policies, the District Court erred in permitting the case to go to the jury.

The plaintiff brought suit to recover the face amount of two policies of life insurance issued by the defendant on the life of her husband, Edward Landau, who died August 4, 1948. The insurance company defended on the ground that the insured had misrepresented the state of his health by giving...

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