DiNuzzo v. Metropolitan Life Insurance

OPINION

By OUTCALT, J.

This case was an action in the Municipal Court of Cincinnati to recover the benefit named' in a policy of ■ life *180insurance issued upon the life of Elizabeth DiNuzzo by the Metropolitan Life Insurance Company on November 1, 1937. Mrs. DiNuzzo died May 20, 1938. The policy was one embodying a comparatively new form of clause which reads:

“WHEN POLICY IS VOIDABLE. If within two years prior to the date of issue of this policy the Insured has * been attended by a physician, •Unless it be shown by the Insured or any claimant that no such * * * treatment -or attention was for a…