Washington Fidelity Nat. Ins. Co. v. Stewart

CONNER, O. J.

This is an appeal from a judgment in favor of Thomas Stewart in the sum of $204. Thomas Stewart sued as the beneficiary under a policy of insurance taken out by him in behalf of his mother, Mrs. Fannie Stewart. The application for the policy was dated May 26, 1930; the policy was issued on June 1, 1930; and Fannie Stewart died about the 15th day of June, 1930.

The policy provided, among other things, that if the insured was “not in sound health” at its date, the company might declare it void and its liability limited to a return of premiums paid thereon.

The appellant company…