QUINTILIANI v. JOHN HANCOCK MUTUAL LIFE INS. CO.


340 Mass. 93 (1959)

162 N.E.2d 832

ERNEST QUINTILIANI & another vs. JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY.

Supreme Judicial Court of Massachusetts, Worcester.

December 14, 1959.


Attorney(s) appearing for the Case

Charles W. Proctor, for the defendant.

Robert V. Mulkern, for the plaintiffs.

Present: WILKINS, C.J., SPALDING, WILLIAMS, & WHITTEMORE, JJ.


WHITTEMORE, J.

These are the defendant's exceptions in an action on a life insurance policy in which the plaintiffs had a verdict.

The plaintiffs, in rebuttal of evidence tending to sustain the defendant's burden of showing that answers in the application were false and "made with actual intent to deceive" (G.L.c. 175, § 186), elicited testimony to show that the insured told the soliciting agent of her illness and hospitalization and that he brushed it...

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