Farmers & Traders Life Insurance v. Davis

Crichton, P. J.,

This is a bill in equity seeking the cancellation of a life insurance policy on the ground that fraud was practiced upon the insurer in the procurement thereof. The policy, as shown by the pleadings, was dated December 1, 1931, and the assured, Henry O. Cooley, died March 26, 1932. The amount of insurance was $5,000, with double indemnity in case of death as the result of an accident, and it is averred by the defendants herein that the death was so caused. The policy further provided that it should be “incontestable after it has been in force during the lifetime of the insured…