Union Mutual Life Insurance v. Simon

KIRKPATRICK, District Judge.

This is an action by the insurer to cancel a policy of health and accident insurance.

Although the word “fraud” does not appear in the complaint, it is alleged that the insured made certain representations in the application and that he knew the representations to be false, or acted in bad faith in making the same. Under the federal system of notice pleading, this sufficiently states a case of fraud or, *187what is equivalent, a state of facts under which the plaintiff would be permitted to prove fraud.

The defendant moves to dismiss the complaint on the ground that it…