Toevs v. Western Farm Bureau Life Insurance Co.

The trial court found that the decedent Walter J. Toevs was aware that in conjunction with his wife’s application for insurance on his life a physical examination was required. Mrs. Toevs testified that she was aware of the requirement that Mr. Toevs take a physical examination and also testified she went with him to the doctor’s office for the examination for the insurance policy, but that the examination was not accomplished. Mrs. Toevs stated that she understood from the agent’s remarks that the examination was required for sickness, but the trial court in its memorandum opinion discounted…