Powalka v. State Mutual Life Assurance Co. of America

*155Robert W. Hansen, J.

If the medical examiner did not make a statement of fitness for insurance, statements by the insured which were false and increased the risk destroy the right of the widow to recover on the policy.1

If, however, the medical examiner made a statement of fitness for insurance, or issued a certification as to the health of the insured, then the insurance company can defeat recovery on the policy only if it can establish actual fraud or deceit on the part of the insured.2

If see. 209.06, Stats., applies in this case, material misrepresentations defeat recovery. If sec. 209.07…