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OCCIDENTAL LIFE INSURANCE COMPANY OF CALIFORNIA v. FRIED

Civ. No. 9481.

245 F.Supp. 211 (1965)

OCCIDENTAL LIFE INSURANCE COMPANY OF CALIFORNIA, Plaintiff, v. Alice FRIED, Defendant.

United States District Court D. Connecticut.

July 8, 1965.

Attorney(s) appearing for the Case

Frank E. Callahan, of Wiggin & Dana, New Haven, Conn. (Robert F. Cavanaugh, of Wiggin & Dana, New Haven, Conn., on the brief), for plaintiff.

Maurice J. Magilnick, of Magilnick & Elstein, Bridgeport, Conn., and Edward G. Burstein, of Burstein & Goldman, Bridgeport, Conn., for defendant.

TIMBERS, Chief Judge.

Plaintiff, Occidental Life Insurance Company of California, brought this declaratory judgment action, founded on diversity jurisdiction, seeking an adjudication that a $100,000 life insurance policy issued by it on the life of Max Fried (the insured), deceased husband of defendant, is null and void because of material misrepresentations made by him concerning his health in an application for reinstatement of that policy after it had lapsed for...

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