JESSEN v. AETNA LIFE INS. CO.

No. 10923.

209 F.2d 453 (1954)

JESSEN et al. v. AETNA LIFE INS. CO.

United States Court of Appeals, Seventh Circuit.

January 18, 1954.


Attorney(s) appearing for the Case

Carlton L. Fischer, Harry D. Lavery, Chicago, Ill. (Campbell, Clithero & Fischer, Chicago, Ill., of counsel), for appellants.

Vincent O'Brien, Thomas J. Johnson, Jr., James G. Duggan, Chicago, Ill., for appellee.

Before MAJOR, Chief Judge, and DUFFY and LINDLEY, Circuit Judges.


LINDLEY, Circuit Judge.

Plaintiffs brought this suit to recover upon an insurance policy issued by defendant January 5, 1950, upon the life of Waldemar C. Jessen, averring that the insured had died on April 4, 1950. Defendant answered, admitting execution of the policy but asserting special defenses to the effect that the insured, in his application, which was made a part of the policy, had falsely answered questions as to whether he had had any previous diseases...

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