Gerlach v. Metropolitan Life Insurance

Among the conditions in the policy of insurance upon which this action is brought is found one which reads:

“Unless otherwise stated in the blank space below in a waiver signed by the secretary, this policy is void if the insured before its date * * * has been attended by a physician for any serious disease or complaint; or has had before said date any pulmonary disease, or chronic bronchitis, or cancer, or disease of the heart, liver or kidneys.”

It is also provided therein that the contents of the proofs of death “shall be evidence of the facts therein stated in behalf of, but not against,…