New York Life Ins. Co. v. Grow

I concur in the results. The case of Chadwick v. Beneficial Life Ins. Co., 54 Utah 443, 181 P. 448, holds that the insurer must allege and prove “actual fraud” on part of the insured. Certainly evidence that the representations made by the insured were untrue and that he knew or should have known that they were untrue, would ordinarily be sufficient proof of the fact that they were fraudulent — that is that insured intended to deceive the insurer. But since actual fraud must be alleged and proved, evidence to rebut the conclusion which would ordinarily follow from proof of the above facts may…