Maggini

Plaintiff sued upon two separate policies of insurance issued by the defendant upon the life of one Adolpho Maggini. The first policy was dated May 9, 1932, and the second May 19, 1932. The insured died on June 18, 1932, his death resulting from bronchial pneumonia.

Preliminary to the issuance of the policy the insured signed an application and a report of a medical examiner designated for that purpose by the insurer. Inquiries were put to the insured by the medical examiner in the usual form and those to which attention is directed in this proceeding follow:

Pleading the materiality of all the answers given to the medical examiner the defendant assigned as untrue and fraudulent those statements of the insured denying that he had consulted a physician for or had symptoms pertaining to a disease of the lungs; that he had raised or spat blood; that he had suffered from an ailment of the lungs; that he had consulted or been treated by a physician for any ailment within the last five years; and stating that at the time of making the application he was in good health. It was alleged that these statements of the insured were all false and known by the insured to be false at the time…