Butler v. New York Life Insurance

Plaintiff takes the position that the delivery of the policy, following receipt of the first premium, concluded the contract, in the absence of fraud, Grier v. Ins. Co., 132 N. C., 542, 44 S. E., 28, and that the provisions of 0. S., 6460 — the policy having been issued without medical examination — preclude a denial of liability except in case of fraud, Holbrook v. Ins. Co., 196 N. C., 333, 145 S. E., 609; and further, that plaintiff’s evidence is sufficient to make out a prima facie case. Williamson v. Ins. Co., 212 N. C., 377.

The position of the defendant is that the evidence shows a…