LEVANDE v. CANADA LIFE ASSURANCE CO.


23 A.D.2d 669 (1965)

Annette Levande, Appellant, v. Canada Life Assurance Company, Respondent. (Two Actions.)

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

March 8, 1965


Judgment affirmed, without costs.

In the applications for insurance, the insured agreed that the policy should not take effect until its receipt by him and the payment of the first premium in full while the facts concerning the insurability of his life were the same as described in Parts I and II of the application. In our opinion, the evidence showed that, when the policies were delivered and the first premium paid, the insured's health was not the same as described...

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