Evans v. International Life Insurance

*265The opinion of the court was delivered by

Hopkins, J.:

The action was one to recover damages on account of the alleged negligence of the defendant in failing, through its medical examiner, to properly record answers to questions and deliver a policy of insurance. Plaintiff prevailed and defendant appeals.

The facts are substantially these: The plaintiff and her husband, George R. Evans, on July 31, 1922, executed and delivered to the defendant a joint application for an ordinary life nonparticipating insurance policy for $2,500. The plaintiff was named as beneficiary of her husband and he as…