Reuter v. Pacific Mutual Life Insurance Co.

SCOTT, J., pro tem.

This is an appeal by defendant from a judgment in favor of plaintiff on certain policies of disability insurance.

In November of 1923, upon application of plaintiff, defendant issued to him four policies of disability insurance, each providing benefits of $100 a month. In March of 1928 plaintiff notified defendant that he was permanently and totally disabled, declaring that he was at that time suffering from syphilis. Defendant refused to pay, asserting that plaintiff was thus afflicted when the policy was applied for and his concealment of the fact was fraudulent. Plaintiff…