Standard Life Ins. Co. v. Baldwin

Suit at law was brought against the Insurance Company upon a policy of life insurance in the sum of $400 written upon the life of appellee’s wife. From a peremptory instruction in favor of the plaintiff, the company appeals.

The pertinent provisions of the policy are as follows: Liability of the insurer is limited to a return of the premiums paid, provided, “ (1) if before the date hereof the insured . . . has been attended by a physician for any serious disease or complaint or before said date has had any pulmonary disease . . . ,” unless there has been a formal waiver. Also ‘ ‘ in event of…