Mullen v. United States Casualty Co.

The questions of waiver and estoppel were questions of fact to be determined by the jury and if its determination in that regard was in favor *720of the plaintiff it was justified by the evidence. The false statement made by Mrs. Sheehan avoided the policy unless the defendant waived that defense or estopped itself from asserting it. The learned trial court submitted to the jury two questions: First,- whether the false statement of Mrs. Sheehan was material; and, second, whether the defendant had waived or estopped itself from asserting such defense. The learned counsel for the defendant duly…