FRANKLIN LIFE INS. CO. v. WILLIAM J. CHAMPION AND CO.

No. 15753.

350 F.2d 115 (1965)

The FRANKLIN LIFE INSURANCE COMPANY, an Illinois corporation, Plaintiff-Appellant, v. WILLIAM J. CHAMPION AND COMPANY, a Michigan corporation, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

August 27, 1965.


Attorney(s) appearing for the Case

David G. Barnett and Thomas F. Shea, Detroit, Mich., for appellant, Fischer, Sprague, Franklin & Ford, Leon R. Jones, Detroit, Mich., on the brief.

Richard F. Newton, Detroit, Mich., for appellee, Cross, Wrock, Miller, Vieson & Kelley, Glen R. Miller, David H. Patton, Detroit, Mich., on the brief.

Before MILLER and PHILLIPS, Circuit Judges, and McALLISTER, Senior Circuit Judge.


McALLISTER, Senior Circuit Judge.

The issue in this case, involving life insurance, may be stated as follows: Whether, when an insured is asked if he is in good health at the time of reinstatement of a policy and he answers that he is, the policy, then reinstated, can be rescinded by the insurance company when it appears that the insured was, at the time of his answer, suffering from a serious disease from which he thereafter died, but did not know, at the time, that...

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