Vigil v. American Ins. Union

American Insurance Union, a fraternal benefit society, suffered judgment on a certificate providing for a death benefit. It appeals.

In the application for the insurance, the insured answered that she was not pregnant. She was in fact then pregnant, and her death occurred from cerebral embolism at the ensuing childbirth. This is the defense.

The trial court found that the insured did not know herself to be pregnant when she made the application, or at any time before delivery of the certificate. It found also that appellant relied on the answer, had no knowledge of its incorrectness until after…