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PRUDENTIAL INSURANCE CO. OF AMERICA v. GUTOWSKI

113 A.2d 579 (1955)

The PRUDENTIAL INSURANCE COMPANY OF AMERICA, a New Jersey corporation, Appellant, v. Joseph F. GUTOWSKI, Appellee.

Supreme Court of Delaware.

May 3, 1955.

Attorney(s) appearing for the Case

John P. Sinclair, of Berl, Potter & Anderson, Wilmington, for appellant.

H. James Conaway, Jr., of Morris, James, Hitchens & Williams, Wilmington, for appellee.

SOUTHERLAND, C. J., and WOLCOTT and BRAMHALL, JJ., sitting.

SOUTHERLAND, Chief Justice.

This is a suit at law upon four policies of life insurance issued by appellant upon the life of Anna S. Gutowski. The two principal issues, differing in respect of both facts and law, are as follows:

I. Are false statements by an applicant for life insurance, relating to prior hospitalization for mental illness and to treatment for chronic alcoholism, misrepresentations material to the risk?

II. Was there any evidence to...

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