Francis C. Upton v. Western Life Insurance Company

This is the appeal of the widow of a deceased insurance policy holder from a judgment entered on a verdict for the insurance company in a diversity action to recover under two $25,000 life insurance policies. In the district court, the insurance company stipulated to a prima facie case for appellant, and defended on the grounds that, in applying for the life insurance, appellant’s deceased husband, who was a practicing physician, had made fraudulent misrepresentations and omissions about the state of his health. Specifically, the company asserted that he answered “no” to an inquiry whether he…