Aircall of Hawaii Inc. v. Home Properties Inc‪.‬

[1] Plaintiff commenced this action at law, alleging that on the 6th day of July 1938, the Occidental Life Insurance Company of California, a corporation, engaged in business in the state of Iowa, issuing policies of insurance upon the lives of persons, duly issued and caused to be delivered to Walter John Kayser, a policy of insurance upon his life, in which the plaintiff, the wife of said insured, was named as sole beneficiary; that under the terms of said policy the insurance company agreed to pay to the beneficiary $1,000 upon receipt of due proof of death of the insured; that she has duly performed all the conditions of the policy demanded of her. The defendant filed answer, admitting that the policy was issued as set out in the petition; and then stating that the policy described in plaintiffs petition and upon which action was brought was obtained from the defendant by false and fraudulent representations made by the assured, Walter John Kayser; that said representations were made in the written application for said policy. The defendant then sets out that part of the application containing statements which it claims were false, fraudulent, and untrue; and alleges that the said Walter John Kayser knew and had actual knowledge that said statements and representations were not true; that the defendant company believed the said statements to be true and relied thereon; that it would not have issued said policy had it known that said statements in said application were false and untrue; that the defendant company, immediately upon discovery of the falsity of said representations, tendered to plaintiff all premiums paid by the said Kayser, in the sum of $33.60, and all accrued costs of this action.