Gass v. Commonwealth Casualty Co.

*511The opinon of the court was delivered by

Johnston, C. J.:

Rosamond Gass brought this action against the Commonwealth Casualty Company to recover on a policy insuring her against accident and disease or sickness. ^The trial resulted in a judgment for plaintiff from which defendant appeals.

The application for insurance was received by the company and the premium paid on July 19,1921. The policy was issued and dated July 28, 1921, and among the diseases and sickness insured against was yellow jaundice. The contract contained the following condition: “Provided that this, insurance shall have been…