Oliver v. Industrial Health, Accident & Life Insurance

Opinion by

Stadtpeld, J.,

This is an action of assumpsit brought on behalf of a minor, who was the beneficiary named in a policy of life insurance in the sum of $150 issued Jan’y- 2, 1933. The defense was based on a provision contained in the policy that no obligation was assumed by the company unless, on the date of the issuance of the policy, the insured was in sound health, it being alleged by defendant that the insured, at the time of the issuance of the policy, was suffering from carcinoma of the stomach, and was therefore not in sound health.

The case was tried March 27, 1936, before…