Sharper v. Security Mut. Ben. Ass'n

TALIAFERRO, Judge.

Plaintiff brings this suit as sole beneficiary under the provisions of a certificate of insurance issued to his greataunt, Clara Holmes, on September 25, 1935, for $1,000 by the defendant, Security Mutual Benefit Association, a Colorado corporation.

The suit is resisted on the ground that the certificate of insurance is null and void and without effect because: (1) The insured, in her written application for the insurance willfully and falsely misstated her age in that she declared same to be 48 years, whereas she was in fact then 70 or 75 years old; and (2) that she stated…