United States Second Circuit

Judgment in favor of defendant in suit by plaintiff to recover benefits as the beneficiary of a term life insurance policy is affirmed, where the district court correctly held that the policy never took effect and defendant could rescind the policy, because: 1) the deceased-insured's application contained information the insured knew to be untrue when the policy was delivered, that the insured had been diagnosed with cancer; 2) the application was properly admitted as evidence; and 3) defendant would not have issued the policy had the information been correct.

Appellate Information

• Decided 03/19/2013
• Published 03/19/2013

Judges

• PER CURIAM

Court

• United States Second Circuit

Counsel