Brigham v. Mutual Life Insurance Co.

Morris, J. —

Action on a life insurance policy brought by the wife of the deceased, beneficiary named in the policy. The lower court held that the action must fail because of misrepresentations made by deceased in the application upon which the policy was issued. Respondent pleaded and proved as an affirmative defense that, at the time of making the application for the policy on July 21, 1913, the insured made the following representations:

“(17) What illnesses, diseases, injuries, or surgical operations have you had since childhood? None.

*197“(18) State every physician or practitioner who has…