New York Life Insurance v. Watson

This was a suit upon a policy of life insurance. Upon the trial, counsel for the defendant stated in open court that they were not defending the case upon the ground of actual fraud *212on the part of the insured, nor upon the ground of unpaid premiums ; and the record shows that the defense was based on the following grounds: first, that the insured in his application for the insurance, made material misrepresentations of facts, which changed the character or extent of the risk; and second, that the contract of insurance never became effective, because the insured had breached the following…