Woodmen of the World Life Ins. Soc. v. Phillips

MERRILL, Justice.

This is an action on a fraternal insurance policy to recover a death benefit.

The complaint as amended consists of ■one count. Defendant entered two pleas ■of the general issue and five special pleas to the complaint. Upon the pleas the plaintiff joined issue.

The defense rests upon the theory that the insured was not in sound health at the time of the delivery of the policy, contrary to the warranties made at that time that he was in good health; and that insured had within ten years before making application for the policy consulted a physician and received treatment for a…