Frudiger v. National Life & Accident Ins. Co.

Plaintiffs were the beneficiaries in a policy of industrial insurance on the life of their nine-year old daughter. It was dated February 5,1940, and premiums were paid to June 10, 1940. The insured died March 22,1940. Proof of claim was duly filed and rejected. The petition pleaded and the answer admitted these facts. A separate defense alleged a provision in the policy that the defendant would be liable only for premiums paid if the insured was “not in sound health on the date hereof,” and that on February 5, 1940, she was “suffering from malignant cancer.”

The verdict and judgment were for…