McNabb v. State Farm Life Ins.

RILEY, District Judge.

By a policy dated June 23, 1951, the defendant insured the life of Earl E. McNabb, age forty-one, for $5,000, and *642agreed to pay that amount as a death benefit to plaintiff, his wife, as the named beneficiary; otherwise, to their children, Earl E. McNabb died December 17, 1952,-the defendant refused to perform and the beneficiary brings this action to compel defendant to pay.

The defendant declined to pay the amount of the insurance and tendered to plaintiff the premiums paid to it, because, of claimed material false statements and representations by the applicant and…