Hunt v. W. O. W. Life Ins. Soc.

McDONALD, Chief Justice.

The trial court instructed a verdict for defendant, a fraternal benefit society, in a suit upon a policy of life insurance.

Appellants, the beneficiaries, concede that the insured was in bad health, suffering from an incurable disease, at the time of making the application for the policy and at the time the policy was issued. It is conceded that the statements in the application relating to the health of the insured are untrue.

In the absence of waiver or estoppel, a recovery on the policy would be precluded on account of the falsity of the statements in the application,…