Koch, Administratrix v. Prudential Ins. Co.

The opinion of the court was delivered by

Hatcher, C.:

This controversy stems from a dispute as to the age of an insured at the time of his acceptance under a group credit life insurance policy.

On October 30, 1961, E. G. Koch, the decedent, made an installment purchase of a J. I. Case Tractor and gave an installment note to the seller, a local implement dealer in Lyons, Kansas. In connection with the installment purchase contract, Koch made application to the J. I. Case Company for insurance under the terms and conditions of a group credit policy issued by the defendant, The Prudential…