Independent Life Ins. Co. v. Russell

The Independent Life Insurance Company filed the bill in this case against Newton Lee Russell and wife, Florence Russell, insured and beneficiary, respectively, under a policy of insurance dated June 15, 1930, seeking rescission and cancellation of the policy, because, allegedly, insured made a false representation that he had not previously applied for a policy in, and was not then insured in, any other company. The further allegation is made that insured represented himself to be in good health, when in fact he was then suffering with hernia. The policy provides, in addition to the life…