Fraternal Aid Union v. Monfee

FOSTER, Justice.

This is an action for the recovery of the amount of a policy of insurance issued by defendant, dated March 14, 1921. Defendant is a fraternal benefit society, governed by article 8 of the chapter of the Code on Insurance (Code 1923, § 8439 et seq.).

The pleas in bar, other than the general issue, set up a breach of warranty and misrepresentation in respect to the age of insured. They alleged that she was first insured by a contract macte March 1, 1904. In the application she warranted her age to be 41 years, born in 1863. At that age the monthly rate is alleged to be $5.05;…