Darling v. United Benefit Life Insurance

*76The opinion of the court was delivered by

Hoch, J.:

Appellee was the beneficiary under a life insurance policy which had been reinstated after having lapsed for nonpayment of a premium. Upon the death of the insured the company refused payment on the ground of material misrepresentation by the insured in his application for reinstatement. Action to enforce payment -was brought, the plaintiff prevailed, and the defendant company appeals.

The question here is whether there was substantial, competent evidence to support the finding of the trial court that the insured acted in good faith in the…