Fjeseth v. New York Life Insurance

In the opinion by this court on the former appeal, the court stated (p. 235) :

“Questions of law have been argued by both parties that can best be resolved after the facts and inferences from facts have been properly determined. We have not passed upon them for that reason.”

One of the questions of law presented on the former appeal, referred to in above-quoted paragraph, concerned the legal effect of insured’s failure, during his conference with defendant’s agent Ruediger on June 18, 1959, to disclose that he had consulted Dr. Pribek because of the pains in the left side of his chest, and that…