Tierney v. Travelers Insurance

On December 29, 1939, Edward M. Tierney, the insured, made a written application to the defendant for the life-insurance policy in question. The policy was delivered to him on January 2, 1940. It is a term policy for five years. The insured died November 19, 1940. The above-mentioned action was brought by Mabel F. Tierney, the beneficiary, to recover the amount of the policy.

The defense is that misrepresentations were made by the insured in his application for the policy. At the close of the evidence a motion was made by the defendant for a nonsuit and decision thereon was reserved. The jury…