Broady v. Unity Industrial Life Ins. Co.

WESTERPIELD, Judge.

This is a suit on a policy of industrial life insurance for the face value of the policy, $255, brought by the beneficiary named therein, Lizzie Broady. Defendant, in its answer, admitted the existence of the policy, payment of the premiums, and the submission of proper proof of death. It denied liability upon the ground that the insured misstated his age at the time of the issuance of the policy as 49 years, whereas, as a matter of fact, he was more than fifty years of age and beyond the age limit acceptable to defendant, and that, therefore, under condition 10 of the…