Murray v. Montgomery Ward Life Insurance

We granted certiorari to review the court of appeals decision in Murray v. Montgomery Ward Life Ins. Co., 38 Colo. App. 498, 563 P.2d 20 (1977). The court of appeals upheld a jury verdict and judgment in favor of the defendant insurance company. We affirm.

The defendant insurance company refused payment on a life insurance claim on the ground that there had been a fraudulent misrepresentation concerning the decedent’s health on the application for the policy. On certiorari, we are concerned with the issues of constructive notice as constituting a waiver of the defense of fraud and the trial…