RODGERS, P. J., April 8, 1960.
To prevail in this action it was necessary for the Reserve Life Insurance Company to prove by a fair preponderance of evidence to the jury the fact that plaintiffs in their application had made a statement of a material fact which they knew to be false at the time it was made. Whether this plaintiff actually made such a material statement knowing it to be false is certainly a matter for the jury. In arriving at their final determination...
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