New York Court of Appeals
William F. Edington, Respondents v. the Ætna Life Insurance Company, Appellant
September 16, 187977 N.Y. 564
Summary
The Court reversed the lower court, holding that the trial court erred in excluding physician testimony about the nature of the insured's disease and his health at the time of the applications, and erred in refusing a nonsuit based on false statements in the second application; the delivery of a prior insurance application to an agent was deemed delivery to the company, making the application part of the contract and its rejection voiding the policy.