Kelly v. Interstate Life & Accident Co.

1. Upon the trial of a suit to recover on a policy of life insurance in which the application is not a part of the contract, where the company defended on the ground that the policy was void in that the insured, in the application for insurance upon which the policy was issued, but which was unattached to the policy and was therefore not a part of the contract, falsely and fraudulently misrepresented material facts, and stated that she had never suffered from heart disease, disease of the liver or kidneys, or cancer, when in fact she had suffered from diseases of the heart and kidneys and…