METROPOLITAN LIFE INS. CO. v. DEVORE

Docket No. L.A. 27982.

66 Cal.2d 129 (1967)

424 P.2d 321

56 Cal. Rptr. 881

METROPOLITAN LIFE INSURANCE COMPANY, Plaintiff and Appellant, v. JOSEPHINE DEVORE, Individually and as Administratrix, etc., Defendant and Respondent. JOSEPHINE DEVORE, Plaintiff and Respondent, v. METROPOLITAN LIFE INSURANCE COMPANY, Defendant and Appellant. (Consolidated Cases)

Supreme Court of California. In Bank.

March 10, 1967.


Attorney(s) appearing for the Case

Adams, Duque & Hazeltine and James S. Cline for Plaintiff and Appellant and for Defendant and Appellant.

Pollock, Pollock & Fay, Eugene P. Fay, Edward I. Pollock and Louis P. Friedman for Defendant and Respondent and for Plaintiff and Respondent.


MOSK, J.

Metropolitan Life Insurance Company (hereinafter Metropolitan) brought an action to cancel or rescind a 15-year mortgage term life insurance policy issued to Charles Devore. The complaint alleged that Metropolitan's liability was conditioned on Devore's "continued insurability" at the time the policy was delivered, that Devore was not in good health at the time of delivery and was aware of this fact, and that he...

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