Fisher v. Missouri State Life Insurance

This was a suit by an insurance company to cancel and rescind a policy of insurance after the death of the insured. The beneficiary, who was made defendant, demurred to the bill of complaint.

The demurrer should have been sustained upon authority of the opinion in the case of Fla. Life Insurance Co. v. Dillon, 63 Fla. 140, 58 So. R. 643, in which case this Court say:

If we correctly understood the oral argument of the counsel for the plaintiff in error, he relies most strongly upon the defensive matters set up in these pleas. As is readily apparent, they attempt to set up as a defense fraud…