Harold Wissner, as Father and Next Friend of Jack David Wissner, Minors, and Harold Wissner, Individually v. The Metropolitan Life Insurance Company

Appellants, plaintiffs below, sued on a life insurance policy issued by appellee on the life of Ida Wissner. Appellee admitted issuance of the policy and its refusal to pay any benefits except a tender of return of premium which was refused. The appellee alleged that Mrs. Wissner gave false, untrue and/or incomplete answers in the application for insurance, and if appellee had known the true facts it never would have issued the policy. The appellee moved for and was granted a summary judgment. This appeal followed. We affirm.

Appellant brings three specifications of error before this Court:…