[Download] "Metropolitan Life Ins. Co. v. Madden" by United States Court of Appeals for the Fifth Circuit " Book PDF Kindle ePub Free

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eBook details

• Title: Metropolitan Life Ins. Co. v. Madden
• Author : United States Court of Appeals for the Fifth Circuit
• Release Date : January 05, 1941
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

Appellee, Marguerite Madden, sued appellant on one, appellee, Madden Furniture, Inc., sued it on two, policies for $5,000 each, issued on the life of Derrel D. Madden, and the suits were consolidated. In each suit statutory attorneys fees were claimed. The defenses to the policies were false answers by Madden to questions in his applications for insurance. Each of the three applications contained the Question 11, "Have you ever had any ailment or disease of (c) The Stomach or Intestines?", to each the applicant answered "No." It was alleged that he had had an ailment or disease of the stomach or intestines, having suffered cardio spasm or spasmodic contractions of the cardiac end of his stomach and adjoining esophagus during or about the month of October, 1937. Each of the applications also contained the question: "13. What clinics, hospitals, physicians, healers or other practitioners, if any, not named above, have you consulted or been treated by, within the past five years? If none, so state", to which the applicant answered "none." Liability to Marguerite Madden, for the statutory attorneys fee, was defended on the ground that the insurance was bound in, and the contract was governed by the laws of New York.

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