National Life & Accident Ins. Co. v. Clark

BOND, Chief Justice.

The parties will here be designated as in the court below. The National Life & Accident Insurance Company, plaintiff, instituted this suit against defendant Charles J. Clark, the beneficiary named in a policy of life insurance, to cancel the policy issued by it to Aaron J. Clark. The alleged ground for cancellation is that the policy was issued on a false and fraudulent application of the purported insured, to the effect that he was in good health; that he had no doctor ; that he had never had any illness and that he had never had heart disease. The defendant negatived the…