WILBURN v. PIONEER MUT. LIFE INS. CO.

No. 1380-1.

8 Wn. App. 616 (1973)

508 P.2d 632

SOO K. WILBURN, Appellant, v. PIONEER MUTUAL LIFE INSURANCE COMPANY, Respondent.

The Court of Appeals of Washington, Division One — Panel 1.

April 2, 1973.


Attorney(s) appearing for the Case

Witt, Hutchins, Plumb & Wheeler and Edwin J. Wheeler, for appellant.

Davies, Pearson, Anderson, Gadbow & Hayes, P.S., and John C. Kouklis, for respondent.


JAMES, J.

Plaintiff Soo Wilburn is the named beneficiary in a policy of insurance written by defendant Pioneer Mutual Life Insurance Company upon the life of her deceased husband. The insured died before the policy became incontestable. Pioneer refused to pay upon proof of death, claiming that it was induced to issue the policy by the deceased's false representations "made with intent to deceive."

By this action Mrs. Wilburn seeks recovery of the policy's...

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