Lawien v. Metropolitan Life Insurance Co.

Hilton, Justice.

Action by Evelyn Lawien upon a life insurance policy written upon the life of her husband, Clarence Lawien, in which after verdict this appeal is taken by the insurer from an order denying judgment notwithstanding the verdict or for a new trial. As a defense to the action the insurer asserted material misrepresenta tion of fact which increased the risk of loss in that the application for insurance contained false answers by Lawien in response to certain medical questions.

The written application for life insurance with defendant was taken by M. C. Cox, its soliciting agent, on…