Frozena v. Metropolitan Life Insurance

The following opinion was filed March 7, 1933:

Wickhem, J.

The plaintiff contends that the jury’s finding that the insured did not make any of the false representations in the application with intent to deceive is sustained by the evidence, and that the element of fraud is thus eliminated from the case. This being true, the plaintiff relies upon sec. 209.07, Stats., which provides as follows :

“In any case where the medical examiner, or physician acting as such, of any life or disability insurance company or association doing business in this state, shall issue a certificate of health or declare…