Metro. Life Ins. Co. v. Chambers.

• Decision Date: 23 July 1948
• Docket Number: 158/454.
• Citation: 60 A.2d 244
• Parties: METROPOLITAN LIFE INS. CO. v. CHAMBERS.
• Court: New Jersey Court of Chancery

60 A.2d 244

METROPOLITAN LIFE INS. CO.

v.CHAMBERS.

158/454.

Court of Chancery of New Jersey.

July 23, 1948.

Suit in equity by the Metropolitan Life Insurance Company against Marie Chambers to cancel a life insurance policy.

Decree for complainant advised.

McCarter, English & Studer, of Newark, for complainant.

Michael S. Precker, of Newark, for defendant.

KAYS, Vice Chancellor.

The bill of complaint was filed to cancel a life insurance policy on the ground of material misrepresentations. The policy was issued by the complainant insuring the life of James W. Chambers. The defendant is his widow and the beneficiary.

Complainant issued its policy in pursuance of an application signed by the insured on May 1, 1947. The insured died July 10, 1947 following an operation for the removal of a brain tumor.

The signed application for the policy contains the following provisions:

‘It is understood and agreed that: 1. The foregoing statements and answers are correct and wholly true and, together with the answers to part B hereof, shall form the basis of the contract of insurance, if one be issued.

‘I hereby certify that: (1) I have read the answers to the questions in Part A and Part B hereof, before signing, (2) they have been correctly written, as given by me, (3) they are full, true and complete, and (4) there are no exceptions to any such answers other than as stated herein.’

In Part B of the application, the insured was asked and answered as follows:

‘11. Have you ever had any ailment or disease of (a) The Brain or Nervous System? No. ‘12. (g) Have you consulted a physician for any ailment or disease not included in your above answers? No.

‘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. None.’

The complainant alleges that the foregoing representations were false in fact, material to the issuance of the policy and were relied upon by complainant in issuing its policy of insurance.

The evidence at the final hearing disclosed that the insured had been treated at his home by Dr. Wegrocki in 1943 upon the completion of the insured's boot training in the Navy. The doctor was called by the insured's father and the insured was found to be suffering from vomiting, convulsions and numbness on the left side. Shortly thereafter, in November, 1943, the insured received a medical discharge from the Navy based upon his neurotic condition. Dr. Wegrocki testified that on January 27, 1947, approximately three and one-half months prior to the insured's application for the policy, the insured had visited him and gave a history of chills, weakness, dizziness, sweating, hiccoughing, poor sleeping and numbness of the left side. Dr. Kallen of the Veterans' Administration, testified that upon the insured's application for a pension he gave a history of headaches, dizziness, numbness of the right side and inability on one occasion to walk unaided. In addition, the insured told this physician that he had been confined to the Navy Hospital for nervousness and was discharged after only three months of service.

At the time of the insured's admission to the Newark Eye and Ear Hospital on June 16, 1947, the following history was recorded and taken from the insured by Miss Stevens, an employee:

‘While in service-during 1943-he had been on a week's leave-and about 2-3 hours prior to the time he was to leave home to return to duties-he had his first spell of nausea-dizziness-blackout feeling.

...