Smiley v. Woodmen of the World Life Insurance Society

Bussey, Justice.

In this action, a suit on a one thousand dollar life insurance policy, issued by appellant on the life of one William A. Smiley, the appeal is from a refusal of the lower court to grant appellant’s motions for nonsuit, directed verdict or judgment non obstante veredicto. The respondent, Kathryn B. Smiley, is the wife of the insured and the beneficiary named in the policy.

The appellant’s denial of liability under the policy was based on the contention that the application therefor contained false and fraudulent representations. No issue of warranty is involved.

It is well…