Continental Life Insurance v. Kessler

The appeal is from a judgment upon a policy of insurance upon the life of the appellee’s wife, a copy of which policy was filed with the complaint as the basis of the action.

The policy contains the following clause:

“Provided always, and it is hereby declared to be the true intent and meaning of this policy, and the same is granted by the company and accepted by the assured,, upon the following express conditions and agreements: * * *

“ Second. That the answers, statements and declarations contained in or endorsed upon the application for this insurance, which application is hereby referred to…