Bohen v. North American Life Insurance Co. of Chicago

i. insurance.physical insur-ability: jury question. I. The defendant issued its policy of insurance on the life of Marie P. Bohen, April 22, 1916. She died, July 3d following. This action was begun on June 27, 1917, and did not come on for trial until January 20, 1919. The defense interposed was that the report of the examining physi-r D r dan, .representing the insured a fit subject for insurance, was procured by fraud. Under Section 1812 of the Code, the insurer was estopped from setting up, in defense of the action, that the insured was not in a condition of health required by the policy…