Kelmell v. Atlas Life Insurance Co.

HAMITER, Justice.

Plaintiff, Robert Kelmell, seeks to recover herein the proceeds of two industrial life insurance policies, issued by the defendant Atlas Life Insurance Company, Inc., under date of February 27, 1956, which insured one Angle L. Holland who died on January 12, 1957. Each contract provided for payment at death of $728 and named plaintiff as the beneficiary.

In its answer to the petition the defendant pleaded only that the insured, in her applications for the insurance, wilfully and with the intent to deceive gave untrue statements relative to her health; and that *610it would not…