Winn

This action was brought in the superior court of the state of Washington to recover upon two policies of life insurance of $10,-000 and $15,000, respectively, written by the appellant November 28, 1930, upon the life of Joseph L. Winn, husband of appellee. The case was removed to the federal eourt. The amended answer of appellant admits the issuance of the policies and the payment of premiums, and seeks to avoid the policies on the ground of misrepresentations and concealments alleged to have been made by the insured in his medical examination.

The amended answer sets forth that the insured’s application for the insurance policies was the basis and chief inducing consideration for the issuance of said policies of insurance; that it relied implicitly on the statements and representations made by the insured in said application and in his answers made in his declarations to the medical examiner; that for the purpose of knowingly deceiving and misleading the appellant company into issuing said policies of insurance, the insured represented in said declarations that within three previous years immediately before making said declarations and signing said application he had been…