North American Life Insurance v. Korrey

Plaintiff in error, hereinafter to be denominated the company, seeks reversal of a judgment obtained against it upon a policy insuring the life of John Korrey, at the suit of defendant in error beneficiary, the widow of the insured, to whom we shall refer as plaintiff.

The policy in question was dated November 1, 1938, but under a “short term” arrangement had been in effect a few months previously. The insured died April 28, 1940 of periduodenitis. In the record it is undisputed that periduodenitis is one of the end results of stomach ulcer.

In the application for insurance, which was attached…