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JOHN HANCOCK MUTUAL LIFE INS. CO. v. SCHWARZER

354 Mass. 327 (1968)

237 N.E.2d 50

JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY vs. LORENE E. SCHWARZER & another.

Supreme Judicial Court of Massachusetts, Suffolk.

May 9, 1968.

Attorney(s) appearing for the Case

Edward J. Duggan (Joseph F. Ryan with him) for the plaintiff.

William R. Sullivan for the defendant Lorene E. Schwarzer (Melvin R. Pearlman, for the defendant New England Sanitarium and Benevolent Association, with him).

Present: WILKINS, C.J., WHITTEMORE, CUTTER, KIRK, & SPIEGEL, JJ.

WHITTEMORE, J.

The company's bill of complaint seeks to have declared void a hospital expense policy issued by it to Lorene Schwarzer, because of the falsity of statements in the application signed by her. The judge found that the soliciting agent of the company was responsible for the false statements, and that they were due to no fault of Lorene. He ruled, on the authority of Sullivan v. John Hancock Mut. Life...

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