Bailey v. Interstate Life & Accident Insurance

As I understand the linchpin of the majority’s opinion, it is held that while a jury might infer fraud from the testimony of the decedent insured’s wife with reference to the application for insurance, the jury might also infer the absence of fraud due to the ignorance of the widow (a witness to the application) and the illiteracy of her applicant husband in submitting the application. In substance then, the majority concludes that because of a possible lack of understanding a jury issue remains for determination with reference to the sole issue presented to it, whether there was fraud…