Kay v. Occidental Life Insurance

Only one question is here presented: Was there any credible evidence from which a jury could have determined that certain false representations or warranties in the application for a policy of life insurance were made without intent to deceive? The trial court answered no and took the case from the jury.

The falsity of certain representations is conceded, but it is appellant’s position that a jury could find from the evidence that they were not made with intent to deceive.

We have a statute which provides:

“Warranty not to avoid policy unless deceptive. No oral or written misrepresentation or…