Illinois Bankers Life Association V. Theodore

The defense presented by the pleadings and evidence was that the policy never took effect (a) because it was not delivered to deceased while he was in good health, and (b) that its issuance and delivery were procured by false material representations made by the deceased to the medical examiner of the defendant. The representations which it is claimed were false and material were in the following questions and answers on the written application for the policy signed by deceased: