Lumpkin v. Metropolitan Life Insurance

OPINION

By ROSS, J.

This is an appeal on questions of law from a judgment of the Court of Common Pleas of Hamilton county, in favor of the defendant. Trial was to the Court without a jury.

The plaintiff is the beneficiary in a policy of insurance upon her daughter, who died May 28th, 1943. The policy was issued October 12th, 1942. The cause of the death of the insured according to the proof of death was myocarditis. The policy contains the following clause:

“When policy is Incontestable and When Voidable. This Policy shall be incontestable after it has been in force during the lifetime of the…