Potter Title & Trust Co. v. Colonial Life Insurance Co. of America

Opinion by

Trexler, P. J.,

This is a suit on two policies of industrial life insurance. The case was tried by the late Judge D. Paulson Foster, sitting without a jury. There was abundant evidence to show that the insured prior to the time the policies were issued suffered from pulmonary tuberculosis, and eventually died of that disease. She had been treated at several institutions, one of them exclusively devoted to the treatment of patients suffering from that malady. The policies contained this provision: “This policy shall be void if the insured......has had before said date (September 3,…