Weir

Action for recovery on a life insurance policy.

Judgment was given for defendant and plaintiffs appeal.

William R. Whittier applied October 1, 1920, for a policy of life insurance in the sum of $25,000. The application was accompanied by a document in two parts, the first consisting of questions asked by the local examining physician and answers by the applicant signed by both, and the second a “medical examiner’s report” signed by the physician alone.

They were received by the company November 11, 1920, and by the company’s medical examiner November 12, 1920. Because the applicant stated that he had applied to “Travelers 1917 and 1920” for other insurance which had been declined, and because of his answer to questions regarding his use of intoxicants that he uses wine moderately, had used it moderately in the past, and had not used intoxicants to excess within the past five years, this medical examiner sent a communication November 12, 1920, “to the examining physician with regard to the applicant’s habits and calling for an investigation of the applicant as an insurance risk and calling for an insurance report.”

He received a report from one H. 0. Wilson, living at Hemet,…