Lee v. All States Life Insurance

This was a suit on a policy of life-insurance. The insurance company defended upon the ground of fraudulent misrepresentations in the application for insurance, upon which it was induced to act, to its injury. The application was not attached to the policy. The trial judge directed a verdict in favor of the defendant and the plaintiff' excepted. Held:

1. Although the policy sued upon contained the provision that “this policy shall be incontestable after one year from the date of issue,” and it seems to be universally held that the insurance company, in order to obtain relief from the policy,…