Brotherhood of Railroad Trainmen Insurance Department v. Pemberton

PRICE, Judge.

Defendant, a fraternal insurance company, appeals from a judgment obtained upon its benefit certificate or insurance policy issued on the life of Roland G. Pemberton, payable to plaintiff, his wife, upon his death, the insured having died on December 25, 1953.

The pleas 19, 20 and 21, to which demurrer was sustained, allege that the policy is to be construed by the laws of Ohio as provided in the application for insurance and aver, “that under the law of the State of Ohio the following rule of law applied with respect to applications for insurance made to fraternal benefit…