NEW YORK LIFE INSURANCE COMPANY v. STRUDEL

No. 15945.

243 F.2d 90 (1957)

NEW YORK LIFE INSURANCE COMPANY, Appellant, v. Lee STRUDEL, Appellee.

United States Court of Appeals Fifth Circuit.

April 5, 1957.


Attorney(s) appearing for the Case

L. S. Julian, Miami, Fla., Shutts, Bowen, Simmons, Prevatt & Julian, Miami, Fla., of counsel, for appellant.

Phillip Schiff, Dubbin, Blatt & Schiff, Miami, Fla., for appellee.

Before TUTTLE, JONES and BROWN, Circuit Judges.


TUTTLE, Circuit Judge.

This is an appeal from a judgment entered on a jury verdict for plaintiff, holding appellant insurance company liable on four insurance policies in spite of the fact that the deceased insured had intentionally misstated material facts on his application. Appellant complains of various features of the charge and of the trial court's failure to direct a verdict, enter a judgment n. o. v., or at least to order a new trial.

In March 1952...

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