Bankers Standard Life Ins. Co. v. Atwood

McCLENDON, Chief Justice.

Mrs. Atwood, joined pro forma by her husband, sued the Company (Bankers Standard Life Insurance Company) upon a policy of insurance in which she was beneficiary, written by the Company on March 20, 1943, upon the life of her then husband, Fred P. Martin, who died November 3, 1943, of “Malignancy of the Stomach.” The judgment upon a special issue verdict was in favor of Mrs. Atwood and the Company has appealed.

The pertinent defense relied upon by the company was predicated upon a false statement in the application of Mr. Martin, in the following question and answer:…