Jacobs v. Southern Nat. Life Ins. Co.

The plaintiff is the beneficiary named in a policy of industrial life insurance issued to her deceased husband Walter W. Jacobs, who died February 9th, 1942, as a result of "rheumatic valvulitis and cardiac hypertrophy — auricular fibrulation then conjestive failure". She sues for the face value of the policy — $750.

The defendant insurance company denies liability upon the ground that the insured was guilty of fraud in that he "wilfully misrepresented the true condition of his health at the time he made the written application to it for the issuance of the policy."

There was judgment below in…