Willis v. Integrity National Life Insurance

Felton, Chief Judge.

1. In this action by a widow to recover the proceeds of her deceased husband’s life insurance policy, the defendant insurer, as movant for a summary judgment, failed to carry its burden of proof of the voidability of the policy because of the plaintiff’s alleged material false representations as to the state of her husband’s health in applying for the policy, since its affidavits—showing merely the hospitalization and treatment in another state of a patient with the same name as the insured (“William Willis” or “William Henry Willis,” a fairly common name), but who was…