Mutual Life Insurance v. Muckler

Plaintiff sues to have a policy of insurance for the sum of $2,500, in which defendant is beneficiary, issued by it on the life of Harold 0. Muckier, declared void and of no effect.

The application for this policy was made on May 11, 1928, and the policy delivered to the insured May 26,1928. The insured died January 28,1929, and proofs of death were thereafter made in compliance with the terms of the policy. Plaintiff bases the right to have the policy declared void, first, because of the answers made by the insured to certain questions propounded in the application; second, because the policy…