Business Men's Assur. Co. of America v. Campbell

LEWIS, Circuit Judge.

Appellee, plaintiff below, was beneficiary in an accident and health policy issued by defendant on June 8, 1920, to her husband, and she recovered the amount of indemnity therein named on account of his death by accident. The proof establishes beyond question that the accidental injuries received by the insured on October 4, 1925, resulted in bis death on December 13, 1925; and plaintiff’s ease was brought within the risk assumed by the insurer.

But the answer pleaded that the policy was at all times null and void because of a false statement made by insured in his…