Gardie Nelson Bryant, J. B. McCarley and Louise Cory v. Standard Life and Accident Insurance Company

JOHN R. BROWN, Circuit Judge.

The basic question is whether each of two life insurance policies in suit, when construed with the formal application, contained a good health provision. It is really without dispute that at the time of delivery of the policy, the Assured was not in good health. On the completion of all testimony, the Judge took the case from the jury and directed the entry of a judgment for the Insurer presumably on the ground that the policies required good health at time of delivery. The named beneficiaries appeal. We reverse.

The two policies, one referred to as the Bryant…