First Nat. Life Ins. Co. of America v. Rector

The action is to recover the death benefit, $350, claimed under a policy of life insurance, known and styled by the appellant, insurance company, as an “Ordinary Life Special Service Policy,” issued without medical examination, and upon written application made part of the contract.

The sole question here presented is whether defendant was due the affirmative charge.

This contention is based on two grounds, the first of which is fraud or breach of warranty.

The policy stipulated that all statements in the application were material inducements for its issuance, and, in the event of falsity, the…