HEINE v. JOHN HANCOOK MUT. LIFE INS. CO.


281 A.D. 769 (1953)

Norma Heine, Respondent, v. John Hancook Mutual Life Insurance Company, Appellant

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

January 26, 1953.


Judgment and order unanimously affirmed, with costs.

The agent was informed that the insured was ill in bed at the time of the preparation of the application, and he saw the insured in bed. He was informed that the insured had been in bad health since the previous operation and would never pass the physical examination. The agent sought no further information and instead replied "let me worry about that part of it." Under these circumstances the knowledge of the agent...

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