Montgomery v. Reserve Life Insurance Co.

MATHERNE, Judge.

His wife having been killed in an automobile accident, the plaintiff, named beneficiary in a life insurance policy issued by the defendant to his wife, sues to recover on the policy. The defendant insists that the application for the policy contains material misrepresentations as to the health of the insured which renders the policy voidable. By its counter-complaint the defendant sought recission of the policy and, therefore, paid into court the full amount of all premiums collected. The trial judge held that certain statements in the application for insurance were material…