Olinger Mutual Benefit Association v. Christy

Olinger Mutual Benefit Association (referred to in this opinion as the “Association”) seeks to have reversed the judgment entered against it on the policy of insurance it issued on the life of Mary Theresa Christy (designated herein the “insured”). The Association was unable to prevail on its theory that the policy was procured through misrepresentation and fraud, and asserts as error the adverse determination of the trial court in this respect.

Too facile a resolution would be reached by resorting to the rule that misrepresentation of a material matter gives cause for avoidance of an…