Rutherford v. Acacia Mut. Life Ins. Co.

JANVIER, Judge.

This is a suit on an insurance policy on the life of plaintiff’s husband. On September 1, 1934, he obtained a policy in the sum of $1,500.00. He died on January 10, 1937. The company declined to pay and in defense averred that the policy, which, on June 1, 1936, had lapsed because of nonpayment of premiums, had been reinstated as the result of an application made by the insured on July 20, 1936, which application had contained wilful misrepresentations as to the condition of the health of the said insured. The company also averred that the said misrepresentations were, known by…