Magee v. National Life & Accident Insurance

McKay, J.,

This case is before the court upon a motion by defendant for judgment on the pleadings. The action is in assumpsit to recover upon a life insurance policy. The defense advanced is that the deceased knowingly made false answers to questions set forth in the application attached to the policy which, it claims, avoids the policy.

The facts set forth in the pleadings which are admitted for the purpose of disposing of the motion for judgment are as follows:

On February 7, 1962, Roger D. Magee, hereinafter referred to as the insured, signed an application to defendant company for insurance…