New York Life Insurance v. Kuhlenschmidt

This is an action by appellee, the sole beneficiary of a life insurance policy issued by appellant upon the life of appellee’s husband. Appellant sought to avoid liability on the ground that the insured had made false and fraudulent statements as to his health, and as to consultations with doctors concerning ailments and diseases, in his application for the insurance; and, by cross-complaint, prayed the cancellation of the policy on the ground of fraud, based upon the false statements in his application. The cause was tried by the court without a jury. There were special findings of fact and…