Farmers & Traders Life Insurance Co. v. Dalheim

A. V. S. Cochrane,

Official Referee. The policy in question was issued by plaintiff January 27, 1938, on the life of Evelyn G. Dalheim, daughter of defendant, who was named as beneficiary in the policy in case of the death of her daughter.

When the policy was issued, a doctor representing the plaintiff made a careful physical examination of the assured, including her lungs, and he testified on this trial that he found no evidence of tuberculosis. That disease was subsequently first diagnosed in May, 1938, and caused her death April 29, 1939.

Cancellation of the policy is sought on the ground…