Albertus v. ICOA Life Insurance

Plaintiff brought this as a suit to rescind certain life insurance policies he had bought from defendant and for the return of premiums paid. The court entered a decree allowing the rescission and a judgment for the return of the premiums. Defendant appeals.

Although this was treated as a suit in equity, Bollenback v. Continental Casualty Co., 1966, 243 Or 498, 414 P2d 802, decided after the instant case was tried, establishes this as an action at law. However, in the instant case this distinction is not material to our decision. If we examine the record de novo, the evidence supports the…