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GRUSKIN v. NEW YORK LIFE INS. CO.

DISTRICT COURT, W.D. PENNSYLVANIA


March 4, 1940

GRUSKIN
v.
NEW YORK LIFE INS. CO.

The opinion of the court was delivered by: SCHOONMAKER

SCHOONMAKER, District Judge.

This is a suit by plaintiff, the beneficiary of a life insurance policy issued to her husband, John M. Gruskin, to recover from the defendant the face of the policy of $15,000.

At the close of the evidence, this court directed a verdict for plaintiff for $1,152.70, being the amount of the premiums paid upon the policy, with interest thereon.

 We did this because in our opinion the policy was voided by false answers by John M. Gruskin to questions propounded in the medical history given in connection with his application for this insurance. The plaintiff contends that we erred in this conclusion and should have submitted the case to the jury under the Pennsylvania authorities as to good faith. On June 14, 1937, the deceased, John M. Gruskin, applied for the policy of insurance involved in this case. He was asked the following questions, and made the answers thereto set respectively opposite each question: " 7. B. Have you ever been under observation of treatment in any hospital, asylum or sanitarium? No. " 8. Have you ever consulted a physician or practitioner for or suffered from any ailment or disease of B. The Heart, Blood Vessels or Lungs? 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 with- in the past five years? Name and Address Date Reason for Consultation, Exam- ination or Treatment and Results Dr. J. F. Allison, About 1935 Insurance Examination" Ford City, Pa.

19400304

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