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METZINGER v. MANHATTAN LIFE INS. CO.

Docket No. L.A. 29643.

71 Cal.2d 423 (1969)

455 P.2d 391

78 Cal. Rptr. 463

JOSEPH METZINGER et al., Plaintiffs and Appellants, v. MANHATTAN LIFE INSURANCE COMPANY, Defendant and Respondent.

Supreme Court of California. In Bank.

June 26, 1969.

Attorney(s) appearing for the Case

Herbert Z. Ehrmann, Frances Ehrmann and Rose & Ehrmann for Plaintiffs and Appellants.

Adams, Duque & Hazeltine, Loyd P. Derby and James S. Cline for Defendant and Respondent.

BURKE, J.

Plaintiffs are the named beneficiaries of group insurance on the life of one Cholodenko.1 They appeal from a judgment denying recovery thereon and declaring the insurance contract null and void for fraudulent representations made in the application therefor. As will appear, we have concluded that the judgment should be reversed for failure of defendant to establish its compliance with a contract provision for furnishing a copy...

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