Gimbel v. Aetna Life Insurance

Opinion by

Keller, J.,

On September 16, 1925, defendant issued a life insurance policy to Edward Grimbel for $1,000, on his written application, without any medical examination.

The policy contained the following clause: “All statements made by the insured, shall, in the absence of fraud, be deemed representations and not warranties, and no statement shall avoid the policy or be used in defense to a claim under it unless it is contained in the written application herefor and unless a copy of such application is attached hereto when issued.”

The application, copy of which was attached to the…