Swanback v. Sovereign Camp, Woodmen of the World

This is an action on a fraternal benefit life insurance certificate. Plaintiff prevailed, and defendant appeals.

Tbe defense relied upon is based on tbe alleged false representations made by the insured in bis application for membership. Such part of tbe application as is material, reads: “Did you ever fail to obtain life insurance applied for? A. No.” Tbe. proof shows beyond dispute that, but a short time prior to tbe making of this application, tbe insured made application to another company and was rejected. Subsequent to that rejection be talked with an agent of an accident insurance…