Griffin v. United Services Life Insurance

Tbe plea of fraud was an affirmative defense. Tbe burden was on tbe defendant to show both false representation and scienter. Hence tbe exception to tbe refusal of tbe court to dismiss as in case of nonsuit is without merit.

Tbe application contains tbe provision “tbe insurance hereby applied for shall not take effect until a policy shall have been actually delivered to and accepted by me, while I am in good health and tbe first premium shall have been paid or allotted to be paid during my continued good health. If, however, at the time of signing the application, the full first premium is…