Pacific Mut. Life Ins. Co. of California v. Cunningham

WALKER, Circuit Judge.

This is an appeal from a decree dismissing a suit in equity brought by the appellant for the cancellation of three life insurance policies issued by it to the appellee in pursuance of a written application made by the latter. The appellee’s answers to questions asked by the appellant’s medical examiner by the terms of that application formed a part of it, and were stated to be made by the applicant to obtain the insurance applied for, and to be complete, true, and correct; the applicant stating, “and I understand that the Company, believing them to be true, will rely and…