Lincoln Income Life Insurance Company v. Mayberry

ABBOTT, Justice.

This was a suit on a non-medical life insurance policy. The insurance application was taken on August IS, 1958, covering an eight-day-old female child, and naming ap-pellee as beneficiary. At the time of the application, the child was in good health. A weekly premium of 46 cents was collected at the time of the application; another premium paid on August 22, 1958, and the third premium paid on September 1, 1958. The baby was admitted to a hospital on September 1, 1958, at about 3:30 A.M., and died two days later. A claim was filed by appellee, and appellant denied such claim,…