Guaranty Life Insurance v. Johnson

Jenkins,- P. J.

This was a suit on a policy of life insurance, issued without medical examination. The policy was dated April 1, 1929. The insured died April 28, 1931. The policy contained this provision: “This policy shall be incontestable after two years from the date of its issue, except for fraud or misstatement of age.” The defendant admitted a prima facie case, and relied entirely upon the defense that the policy had been procured by fraud, in that the insured had misrepresented the condition of his health, ■ and had stated in writing, in response to a question contained in the written…