Shafer v. National Life & Accident Insurance

The question presented by this appeal is whether the trial court erred in directing a verdict for the defendant at the close of all the evidence. The action was one to recover death benefits under the terms of a life insurance policy. One of the defenses set up in the answer was that the insured was not in good health at the time of the issuance of the policy. The policy provided that it was not to take effect as an obligation of the defendant unless the insured was in good health at the time of its delivery.

In order to maintain its defense the defendant offered as its own witness Dr.…