Capitol Life Insurance Company v. Thurnau

This is an action based upon a contract for life insur anee wherein plaintiffs were successful in securing judgment— based upon a jury verdict in the trial court — against the Capitol Life Insurance Company, defendant therein.

Defendant denied liability under the insurance policy and affirmatively alleged, as one of its defenses, the inclusion as a part of the contract Parts I and II, being the written application therefor, signed by the insured, in which he made and certified as correctly recorded, complete and true, certain representations, declarations and statements contained in said…