Bailey v. Pacific Mutual Life Insurance

Opinion by

Mr. Justice Drew,

This is an action in assumpsit by the plaintiff, May E. Bailey, to recover the amount of a life insurance policy issued by defendant company on the life of her sister, Nellie E. Potter, in which policy plaintiff was named as beneficiary. Defendant resists the claim on the ground that certain answers of the insured in her application for the insurance were false, fraudulent and untrue, and were given for the purpose of obtaining the policy by misrepresentation and fraud. The jury found for plaintiff in the amount of her claim; the lower court entered judgment for…