Bankers Health & Life Insurance Co. v. Ryan

OPINION

RENFRO, Justice.

On May 5, 1965, appellant Bankers Health and Life Insurance Company issued a life insurance policy on the life of J. C. Ryan, which named Hettie Ryan, *374appellee, beneficiary. The insured died on January 17, 1966.

Timely proof of loss was made to appellant, who refused to pay the claim.

Appellee thereupon brought this suit.

Appellant pled that the insured had cancer prior to the effective date of the policy and died of cancer on January 17, 1966, and there was therefore misrepresentation of health or physical condition of said Ryan; that the answer to 11(b) of the…