Ofield v. National Ben. Life Ins.

(after stating the facts as above). The written application for the policy, made a part of the “contract” of insurance, as recited in the face of the policy, stipulates as follows:

“That said contract shall not be binding upon the company unless on the date of the actual delivery of policy to me or my agent I am alive- and in sound health.”

This provision is cumulative, and not in conflict with the further provision in the policy reading:

“Provided, however, that no obligation is assumed by the company previous to the date hereof, nor unless on said date the insured is alive and in sound health.”