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  • Sylvia Ostrov v. Metropolitan Life Insurance Company, 439 F.2d 1199, 3rd Cir. (1971)

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    Sylvia Ostrov appealed a district court decision in favor of Metropolitan Life Insurance Company regarding a life insurance policy on her deceased husband. A previous appeals court had granted her a new trial. At the second trial, the jury again found that her husband had intentionally provided false answers on his insurance application. The appeals court here reviewed her assignments of error and found no grounds for reversal, so it affirmed the district court's judgment in favor of the insurance company.

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    Filed: 1971-04-14 Precedential Status: Precedential Citations: 439 F.2d 1199 Docket: 19084_1

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    Sylvia Ostrov appealed a district court decision in favor of Metropolitan Life Insurance Company regarding a life insurance policy on her deceased husband. A previous appeals court had granted her a new trial. At the second trial, the jury again found that her husband had intentionally provided false answers on his insurance application. The appeals court here reviewed her assignments of error and found no grounds for reversal, so it affirmed the district court's judgment in favor of the insurance company.

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    Sylvia Ostrov v. Metropolitan Life Insurance Company, 439 F.2d 1199, 3rd Cir. (1971)

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    Sylvia Ostrov appealed a district court decision in favor of Metropolitan Life Insurance Company regarding a life insurance policy on her deceased husband. A previous appeals court had granted her a new trial. At the second trial, the jury again found that her husband had intentionally provided false answers on his insurance application. The appeals court here reviewed her assignments of error and found no grounds for reversal, so it affirmed the district court's judgment in favor of the insurance company.

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    of 1

    439 F.

    2d 1199

    Sylvia OSTROV, Appellant,


    v.
    METROPOLITAN LIFE INSURANCE COMPANY.
    No. 19084.

    United States Court of Appeals, Third Circuit.


    Argued March 30, 1971.
    Decided April 14, 1971.

    Appeal from the United States District Court for the Eastern District of
    Pennsylvania; A. Leon Higginbotham, Jr., Judge.
    Herman P. Abramson, Fineman & Fineman, Philadelphia, Pa. (Herbert
    Fineman, Philadelphia, Pa., on the brief), for appellant.
    Owen B. Rhoads, Dechert, Price & Rhoads, Philadelphia, Pa. (Arthur E.
    Newbold, III, Aaron C. F. Finkbiner, III, Philadelphia, Pa., on the brief),
    for appellee.
    Before HASTIE, Chief Judge and SEITZ and ALDISERT, Circuit Judges.
    OPINION OF THE COURT
    PER CURIAM:

    On a previous appeal this court granted plaintiff a new trial on her claim on a
    policy of insurance on the life of her deceased husband. Ostrov v. Metropolitan
    Life Ins. Co., 379 F.2d 829 (3d Cir. 1967). At the new trial the jury again
    determined that the insured intentionally gave materially false answers on his
    application for insurance. Plaintiff appeals the judgment based on such
    determination. We have reviewed the numerous assignments of error and find
    no basis for a reversal.

    The judgment of the district court will be affirmed.

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