Stegman v. Professional & Business Men's Life Insurance

The opinion of the court was delivered by

Wedell, J.:

The defendant insurance company appeals from a money judgment rendered against it in an action by the insured to recover the first premium paid on the policy on the ground it was obtained by fraud.

The petition, in substance, alleged: The policy was solicited by defendant’s agent April 3, 1950; it was delivered May 1, 1950; misrepresentations were not discovered until May 25, 1950; the policy was returned June 13, 1950, on which date plaintiff also rescinded the contract in writing; at all times prior to rescission plaintiff believed the…