Johnson v. Occidental Life Insurance Co. of California

LANDRY, Judge.

Defendant (Insurer) appeals from judgment decreeing Insurer liable on a policy of insurance issued on the life of Claray Smith, deceased, and rejecting Insurer’s contention that the policy application was admissible in evidence to prove material misrepresentation knowingly made by decedent with intent to defraud and which was of such character that Insurer would not have issued the policy had the true facts been known. The trial court declined to admit the policy application on the ground that it did not conform with La.R.S. 22:618A. Plaintiff-Appellee has answered the appeal…