American Nat. Ins. Co. v. Fawcett

Action on an insurance policy on the life of Nellie Fawcett, brought by her husband, W. A. Fawcett. The company plead that the policy was procured by false or fraudulent representations, in that she (Nellie Fawcett) represented at the time the policy was issued she was in sound health, when in fact she had consumption, and therefore the policy was void. A trial resulted in favor of W. A. Fawcett, and the insurance company appeals.

The policy provided, in effect, that no obligations were assumed by the company unless the insured was in sound health at the date of issuance. A general demurrer…