Northwestern Mut. Life Ins. v. Cohn Bros.

This is an appeal from a judgment of the district court entered upon a verdict in favor of the appellee in an action brought by the appellee to recover from appellant on a contract of insurance on the life of one Eugene Cohn, of which appellee was named beneficiary.

The insured decedent was president of appellee. The insurance upon his life was taken out by the appellee upon the solicitation of one A. S. Cohn, (no relation of the insured) who was authorized to solicit business for appellant.

Appellant set up as an affirmative defense to the complaint that the insured had given false answers to certain material questions asked him by the medical examiner of appellant, and which questions and answers were made part of the contract of insurance, and that, therefore, the contract had been procured by fraud.

Appellee denied this and alleged that a full disclosure of the facts alleged to have been misrepresented had been made by the insured and that appellant had represented to the insured that the information alleged *76 to have been suppressed was inconsequential and need not be imparted to the medical examiner, and that appellant, therefore, was estopped from relying upon the…