Industrial Life & Health Ins. v. Brown

The life-insurance policy sued on in this case provided that “this policy shall be incontestable after one year from its date except for nonpayment of premiums or fraud.” Ho written application was attached to the policy, but it appears without dispute that the policy was issued by the company on an application prepared by its agent and by the insured’s wife, the beneficiary, who, at the time, was living separate and apart from her husband. It appears, without dispute, that after the application was made (whether before or after the issuance of the policy does not appear), the insured was…