New York Life Ins. v. Lowe

HUTCHESON, Circuit Judge

(specially concurring).

I do not agree with the majority view that the misstatements of Lowe, that he had not consulted a physician and that he had not had rheumatism, were immaterial misstatements under the policy:

I agree, however, with the affirmance, because I think it plain that the suit was not timely brought and was barred by the statute of limitations.