Rickert v. Travelers Ins. Co.

This is an appeal from a directed verdict in favor of defendant company. The trial court determined, as a question of law, that the failure of the insured to inform the insurer that he visited a physician on July 11, 1934, when he was treated for indigestion, was a fraud upon the company.

LaDoyte Clemans applied for $3,000 of life insurance on February 1, 1936, in favor of his partner and was physically examined by Dr. Stiefel of Battle Creek on the same day. His application contained, among others, the following questions and answers:

"Have you within the past 10 years received medical advice…