The Farmers & Bankers Life Insurance Company v. William J. Allingham and Mrs. William J. Allingham, A/K/A Betty Ann Allingham

HILL, Circuit Judge.

In this diversity suit, appellant insurance company seeks to rescind a life insurance contract because of alleged untrue and incomplete answers, and misrepresentations made by the insured in answering certain questions contained in the application for the issuance of the policy.

A trial of the case was had to the court, without a jury, and rescission of the policy was denied. By a very comprehensive memorandum opinion, the trial judge made elaborate findings of fact and conclusions of law.

The insured, Allingham, was a life insurance salesman of fifteen years’ experience…