Livingood v. New York Life Ins. Co.

Opinion by

Mr. Justice Sadler,

Horace W. Livingood made request of the defendant company for insurance, and a life policy was issued on August 22, 1921, his wife being named as beneficiary. The signed application set forth that he was in good health, and detailed certain facts as to his prior physical condition, and the medical attendance previously received. The contract stipulated that declarations as to these matters should be understood to be material, it being provided, however, that “all statements made by the insured shall, in the absence of fraud, be deemed representations and not…