Florida Life Insurance v. Dillon

Citations

• 63 Fla. 140

Syllabus

<p>1. Wherever fraud is relied upon in any pleading, either at law or in equity, the allegations or averments should be specific and the ultimate facts constituting the particular fraud relied upon should be stated with certainty and distinctness, else such pleading, upon proper attack, will be held bad.</p> <p>2. The sufficiency of pleas setting up fraud as a defense is properly raised by demurrer.</p> <p>3. In an action upon a life insurance policy, which contains a clause that, with the execption of the suicide of the insured within one year from the date of such policy, “the policy will be incontestible from any cause from the date of its issue, provided the premiums have been duly paid,” a demurrer is properly sustained to pleas which attempt to set up fraud on the part of the insured in his answers to certain questions in his application for such policy, but which pleas fail to show any actual fraud practiced by the insured.</p>