[DOWNLOAD] "Roosth v. Lincoln National Life Insurance Co." by United States Court of Appeals for the Fifth Circuit * eBook PDF Kindle ePub Free
eBook details
- Title: Roosth v. Lincoln National Life Insurance Co.
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 30, 1959
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
CAMERON, C. J.: December 24, 1956, Dr. Harold Roosth (insured), a practicing physician in Tyler, Texas, appiled to The Lincoln National Life Insurance Company (insurer) for $50,000 life insurance with appellant Rosa Lee Roosth, his wife, as beneficiary. The policy was issued on the same date after the usual medical examination and was delivered to insured soon thereafter. After paying two monthly premiums the insured died February 7, 1957, the death certificate showing as the cause of death "Sub-arachnoid hemorrhage due to ruptured aneurism." The insurer declined the beneficiarys claim under the policy on the ground that insured had made false statements and misrepresentations in his written application for the policy knowing they were false and making them with intent to deceive the insurer, claiming that said false statements and misrepresentations were material to the risk assumed by insurer and were relied upon by it and it was induced thereby to issue the policy; and that the insured was not in good health when the policy was issued and delivered to him.