Gillan v. Equitable Life Assurance Society

This action was commenced in the county court of Fillmore county by Bertha E. Gillan, plaintiff, to recover from the Equitable Life Assurance Society, defendant, monthly instalments of disability benefits for April and May, 1941, each for $50. The action was defended on the ground that plaintiff procured the policy for disability benefits by false statements in her application for insurance and by false answers to questions in her examination by defendant’s physician.

Thq county court decided the case in favor of plaintiff and entered judgment against defendant for $100. Defendant appealed to…