Sun Life Assur. Co. v. Maloney

HUTCHESON, Circuit Judge.

The suit upon a life insurance policy was for the death benefits it provided. There were two defenses. The first was; that the insured had agreed “that the policy shall not take effect unless and until the first premium shall have been paid while I am alive and in good health”; that he was not in good health when the first premium was paid; and that the policy, therefore, had never taken effect. The second was that no recovery could be had on the policy because insured in his application for it had given false answers to questions calling for the disclosure of…