Griego v. New York Life Ins. Co.

MABRY, Justice.

Plaintiff filed her complaint alleging that she was the beneficiary named in an insurance policy issued by defendant on November 9th, 1937, on the life of plaintiffs husband; that the insured died February 25th, 1938; that due proofs of death had been furnished; and that the defendant had refused payment.

Defendant filed an answer and cross-complaint, in which it admitted all allegations of the complaint except the liability claimed. In addition an affirmative defense was interposed to the effect that the insured had obtained the policy by means of a written application .by him…