121 F.2d 110 (D.C. Cir. 1941), 7760, Pullen v. Sun Life Ins. Co. of America

Docket Nº:7760.
Citation:121 F.2d 110
Party Name:PULLEN v. SUN LIFE INS. CO. OF AMERICA.
Case Date:June 16, 1941
Court:United States Courts of Appeals, Court of Appeals for the District of Columbia Circuit
 
FREE EXCERPT

Page 110

121 F.2d 110 (D.C. Cir. 1941)

PULLEN

v.

SUN LIFE INS. CO. OF AMERICA.

No. 7760.

United States Court of Appeals, District of Columbia.

June 16, 1941

Argued March 13, 1941.

Samuel W. McCart, of Washington, D.C., for appellant.

Benjamin S. Minor, Arthur P. Drury, John M. Lynham, and John E. Powell, all of Washington, D.C., for appellee.

Before GRONER, C. J., and MILLER and VINSON, JJ.

GRONER, C. J.

This is a companion case to Eureka-Maryland Assurance Corp. v. Gray, No. 7643, 74 App.D.C. 191, 121 F.2d 104, and was submitted at the same time. This suit was brought by the beneficiary in a policy of industrial life insurance. The policy provided that, if within two years of the date of issue the insured had received treatment or been attended by any physician for any serious disease, then in such case the policy should be voidable unless reference to such treatment was indorsed on the policy. The policy was dated June 20, 1938, and provided that it constituted the entire agreement. There was, however, admittedly an application, and on demand of the plaintiff this was produced and offered in evidence. There were no indorsements on the policy showing that insured had ever been attended by a physician for a serious disease or had ever received treatment in a hospital. The application, which plaintiff introduced in evidence, showed that insured had stated that he had never had tuberculosis,

Page 111

chronic bronchitis, cancer, sarcoma, diabetes, syphilis, anemia, or disease of the heart, liver, kidneys, blood vessels, or stomach, and that he had never received or applied for treatment in any hospital, dispensary, sanatorium, or other institution.

After the plaintiff had proved the policy, payment of the premium, and the death of the insured, and had rested, the defendant offered in evidence the hospital and clinical records of Georgetown Hospital showing that insured had been a patient at the hospital clinic on December 21, 1937, January 7 and 14, March 9 and 20, April 12 and 26, and on May 10 and June 14, 1938; that he had been admitted to Georgetown Hospital on January 17, 1938, and remained there as a patient until his discharge on February 24, 1938: and that on each of these occasions and while a patient in the hospital the insured had received treatment and been attended by one or more physicians. Plaintiff objected to the admission of these...

To continue reading

FREE SIGN UP