Walker v. Acacia Mut. Life Ins. Co.

Appellant was the sole beneficiary in a policy of life insurance issued by appellee. The policy lapsed for nonpayment of premiums, but was reinstated under provisions contained in the policy, among which was that the application for reinstatement must show the applicant to be in good health at the time of such application. It is undenied that the application for reinstatement was untrue in material particulars and that the falsity thereof was well known to the insured when made and forwarded to the company.

A copy of the application for reinstatement was not sent by the company to the insured,…