Brubaker v. Beneficial Standard Life Insurance

The material facts in this ease are not disputed. Its decision turns upon the answer to the following legal question: Is an insurance policy void when the insured at the time of its delivery was mortally afflicted with cancer, although when application for the insurance was made, when the insured was examined by the insurance company’s doctor, and when the policy was issued and delivered neither the insured nor the insurer knew of the serious character of the illness?

Plaintiff Gladys Huette Brubaker is the widow of Walter B. Brubaker. She brings this action against the defendant insurance…