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Goldman v. New York Life Ins. Co.

March 21, 1934

GOLDMAN
v.
NEW YORK LIFE INS. CO.



Appeal from the District Court of the United States for the Western District of Pennsylvania; F. P. Schoonmaker, Judge.

Author: Davis

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

DAVIS, Circuit Judge.

This is an appeal from a decree canceling a policy of life insurance upon the refund of premiums on the life of Jacob G. Goldman, deceased, on the ground of false and fraudulent answers made by him to questions 8c, 10, and 11 in part II of his application for insurance. These questions and answers are as follows:

"8. Have you ever consulted a physician or practitioner for or suffered from any ailment or disease of

"C. The Stomach or Intestines, Liver, Kidneys or Bladder?

"No.

"10. Have you ever consulted a physician or practitioner for any ailment or disease not included in your above answers?

"No.

"11. What physicians or practitioners, if any, not named above, have you consulted or been examined or treated by within the past five years?

"None."

He further said in his application: "On behalf of myself and of every person who shall have or claim any interest in any insurance made hereunder, I declare that I have carefully read each and all of the above answers, that they are each written as made by me, and that each of them is full, complete and true, and agree that the Company believing them to be true shall rely and act upon them."

The application was signed or dated January 31, 1931.

The testimony is undisputed that Mr. Goldman consulted his physician, Dr. B. Z. Cashman, a member of the faculty of the Medical School of the University of Pittsburgh, in March of 1926. He was then wearing a pad for a prolapsed kidney. He had also consulted Dr. K. I. Sanes for the same thing about fourteen years ...


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