National Life & Accident Ins. Co. v. Vann

This is a suit by appellee upon a life insurance policy issued by appellant dated May 17, 1926, payable to ap-pellee; assured being Carrie S. Vann, wife of appellee. It was alleged the assured died February 7, 1927.

Among other defenses, defendant pleaded a provision of the policy that no obligation was assiimed by the defendant unless on the date of the policy the insured is alive and in sound health, and if the insured was not alive or in sound health on the date thereof, any amount paid to the company as premiums should be returned. It was alleged Mrs. Vann was not in sound health upon the…