Siebern v. Mutual Life Insurance

Plaintiff, a beneficiary, sued to recover the proceeds of a life insurance policy issued by defendant on March 10, 1941, upon the life of her husband. Defendant in its answer alleged material misrepresentations in that the insured in his application stated that in 1940 he consulted Dr. Wolff and the purpose of the consultation was for a “bunion of left foot.” That physician, testifying on behalf of defendant, stated that on four different occasions in 1940 he treated the assured for something other than a bunion. The witness was then interrogated with respect to the history of the complaints…