Independent Life Ins. Co. v. Carroll

This suit is upon a life insurance policy insuring the life of Josephine Carroll, the wife of plaintiff, the beneficiary named therein. There was judgment for plaintiff, and defendant appeals.

Upon remandment of the cause following reversal of the judgment on former appeal (Independent Life Ins. Co. v. Carroll, 219 Ala. 79, 121 So. 88), the pleadings were materially altered and the case presented in a very different aspect. Count 2, upon which alone the cause was -tried on plaintiff’s part, incorporated, as a part thereof, the policy of insurance which contained an incontestable clause as…