Wilburn v. Pioneer Mutual Life Insurance

Plaintiff Soo Wilburn is the named beneficiary in a policy of insurance written by defendant Pioneer Mutual Life Insurance Company upon the life of her deceased husband. The insured died before the policy became incontestable. Pioneer refused to pay upon proof of death, claiming that it was induced to issue the policy by the deceased’s false representations “made with intent to deceive.”

By this action Mrs. Wilburn seeks recovery of the policy’s benefits. The trial judge found for Pioneer. We affirm.

Wilburn’s appeal presents two basic questions: (1) Were the deceased’s army medical records…