In this action brought to recover the proceeds of a savings bank life insurance policy issued by the defendant bank upon the life of Michael O'Connell, plaintiff's deceased husband, we are all agreed that the evidence was sufficient for the jury to have found that defendant bank had waived the defense of material misrepresentation and thus to support the jury's verdict for the plaintiff. However, the dissenters conclude that, as a matter of law, the bank could not waive the...
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