Rael v. American Estate Life Insurance Company

OPINION

CARMODY, Justice.

This declaratory action was instituted seeking the reinstatement of an insurance policy previously cancelled as null and void. Based upon the pleadings and the affidavits in the file, the trial court granted summary judgment in favor of the defendant company “* * * because the plaintiff withheld information called for on the application for insurance that was material to the insurance contract, * *

We will refer to the parties as they appeared below.

Plaintiff claims that there are two related questions, i. e., whether plaintiff falsely or fraudulently answered certain…