Norris v. Guardian Life Ins. Co.

The opinion heretofore filed in this case is withdrawn, and in its place and stead this opinion is substituted.

This appeal is from an order of Honorable G. Dewey Oxner, Circuit Judge, refusing to strike out respondent’s affirmative defense alleging in substance that the insured in his application for the reinstatement of a life insurance policy, with double indemnity feature, which had been allowed to lapse, had made certain false statements upon which it relied when the policy was reinstated, and hence it was entitled to have the policy cancelled.

The policy was first issued, or is dated July…