BRUBAKER v. BENEFICIAL ETC. LIFE INS. CO.

Docket No. 20473.

130 Cal.App.2d 340 (1955)

278 P.2d 966

GLADYS HUETTE BRUBAKER, Respondent, v. BENEFICIAL STANDARD LIFE INSURANCE COMPANY (a Corporation), Appellant.

Court of Appeals of California, Second District, Division One.

January 24, 1955.


Attorney(s) appearing for the Case

Moss, Lyon & Dunn, Gerold C. Dunn and Henry F. Walker for Appellant.

Ben F. Ruffner, Nebron & Blanford and Irwin J. Nebron for Respondent.


DRAPEAU, J.

The material facts in this case are not disputed. Its decision turns upon the answer to the following legal question: Is an insurance policy void when the insured at the time of its delivery was mortally afflicted with cancer, although when application for the insurance was made, when the insured was examined by the insurance company's doctor, and when the policy was issued and delivered neither the insured...

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