Galloway v. Prudential Insurance Co. of America

The opinion of the court was delivered by

Mason, J.:

Olivia E. Peugh died holding two life insurance policies in the Prudential Insurance Company of America, for the benefit of her sister, Bertha C. Galloway, who brought this action for their collection. The company defended on the ground that material *721misrepresentations had been fraudulently made by the insured in her application. A verdict was returned in favor of the plaintiff, on which judgment was rendered, and the defendant appeals.

1. The policies contained the clause that “all statements made by the insured shall in the absence of fraud…