Simmons v. Washington Fidelity National Insurance

This is an action at law to recover indemnity under an accident and health policy issued by the defendant company to plaintiff for an accidental injury sustained by plaintiff.

In the first answer filed by the defendant, it set up an equitable defense and prayed for the cancellation of the policy. After a hearing thereon, a decree was entered in the court below denying equitable relief and directing that the action proceed at law, which decree was affirmed by this court in 136 Or. '400 (299 P. 294).

The defense sought to be interposed on the equity side of the court was that the application made…