Fuchs v. Old Line Life Insurance

The issue on this appeal is defendant’s claim that the application for insurance made by Fuchs on November 30, 1963, contained a misrepresentation and the policy of life insurance issued pursuant to that application is void under sec. 209.06, Stats. The answer which defendant is now challenging’, along with the question is as follows:

“9. To the best of your knowledge and belief:

“a. Are you now free of any sickness or physical impairment? Yes 0 No □”

The first element required to defeat or void a policy of insurance under sec. 209.06, Stats., is a finding that an applicant’s statement was false…