Western & Southern Life Insurance v. Persinger

Appellee brought this suit to recover the proceeds of a certain policy of life insurance issued by appellant on the life of appellee’s decedent. To the amended complaint in one paragraph appellant filed an answer in four- paragraphs, the first in general denial, the second, plea of payment, the third, among o,ther things alleging that said policy contained the following condition: “No obligation is assumed by the Company unless on the date and delivery hereof the insured is alive and in sound health . . .” which appellant contends appellee’s decedent breached because on and prior to March 16,…