Travelers' Ins. Co. v. Evslin
| Decision Date | 13 December 1927 |
| Citation | 139 A. 520 |
| Parties | TRAVELERS' INS. CO. v. EVSLIN et al. |
| Court | New Jersey Court of Chancery |
Suit by the Travelers' Insurance Company against Leo E. Evslin and another. Decree for complainant.
Thompson & Hanstein, of Atlantic City, for complainant.
Morris Bloom, of Atlantic City, for defendants.
INGERSOLL, Vice Chancellor. The complainant, Travelers' Insurance Company, a corporation of the state of Connecticut, was organized for the business of issuing policies for life, health, disability, accident, and other kinds of insurance.
On December 14, 1925, the defendant Leo E. Evslin applied to the complainant company for a policy of life insurance upon his own life in the amount of $5,000, payable to his wife, Matilda Stalberg Evslin, also a defendant, with the result that on December 17, 1925, the complainant company issued its policy No. 1185277, wherein it agreed to pay Matilda S. Evslin the sum of $5,000 upon the death of said Leo E. Evslin. In said application, Evslin stated:
A. He was born in Russia on July 15, 1870, and that his age was 55 years.
B. No exception was therein stated.
C. No exception was therein stated.
On December 23, 1925, Evslin applied again to the complainant company for a policy of life insurance upon his life in the amount of $20,000, payable to his wife, with the result that on December 31, 1925, the complainant company issued four policies, Nos. 1187913, 1187914, 1187915, 1187916, respectively, each in the sum of $5,000, payable to said Matilda S. Evslin upon the death of her husband. Said application requested the issue of said $20,000 of insurance in four policies of $5,000 each.
In said application he stated his place and date of birth and his age the same as in the first application. Clauses 12A and 13 were also in the second application as in the first.
On December 30, 1925, Evslin applied to the complainant company for a policy insuring him against loss resulting from bodily injuries, effected directly and independently of all other cause, through external violent and accidental means, against disability by disease, etc., and on said date the said company issued the policy to said Evslin, under classification, "Extra Preferred," in the principal sum of $1,500.
In said application he stated his place and date of birth and his age the same as in the first and second applications.
In answer to part of question K of said application, he stated that no life, accident, or health policy issued to him had been canceled, nor had any renewals thereof been refused by complainant company, or any other company or association.
In the said applications were the following questions, to which he made the respective answers:
The complainant company alleges that the answers and statements in said several applications were untrue, in that:
(a) Said Evslin was born on July 15, 1869, and was therefore at the time of said applications 56 years of age.
(b) Said Evslin was, at the time of making said applications, sick and had a bodily disease, namely, ulcers of the stomach, and other diseases, and that he had knowledge thereof.
(c) Said Evslin had received medical or surgical attention or advice during the five years preceding the dates of said several applications, and that said answers were material and were untrue and known to be untrue by Evslin at the time said applications were made, and that they were willfully and fraudulently answered and stated for the purpose of influencing the complainant.
On May 4, 1926, the complainant company advised defendant Leo E. Evslin that the said several policies had been procured through his fraudulent representations, and that complainant canceled and rescinded the same, and at that time tendered to him all premiums paid by him to it and demanded the return of said policies.
The defendant refused to accept the return of the moneys paid by him or to surrender said policies or any of them.
The complainant prays:
"(2) That a decree be entered canceling and rescinding said policies of insurance and ordering the said defendant Leo E. Evslin to surrender up the same for cancellation."
On notice, an order was advised permitting the complainant to amend his bill by adding a fourth cause of action,...
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