Progressive Life Insurance v. Hulbert

This is a suit upon an insurance policy issued by appellant upon the life of E. D. Hulbert on March 11, 1936. The insured died March 17, 1937. Liability on the policy is denied upon the ground that- the insured was suffering from gastric ulcers when the policy was written, whereas, in his answers to the questions contained in the application for the insurance, he had stated that he was in sound health.

The policy here sued on is identical with the policy sued on in the ease of Progressive Life Ins. Co. v. Preston, 194 Ark. 84, 105 S. W. 2d 519, it being provided in this policy, as it was in…