Cotton States Life Ins. Co. v. Crozier

The provision of the policy set up in plea 2, notwithstanding it is in the form of a condition precedent to the operation of the contract of insurance, has been held by this court to be in legal effect a-warranty, and governed by the principles of law applicable to warranties. Mutual Life Ins. Co. v. Mandelbaum, 207 Ala. 234, 92 So. 440, 29 A. L. R. 649.

This plea was therefore defective in not averring that “the serious disease of the heart” imputed to the assured increased the risk of loss. Mandelbaum’s Case, supra; Sov. Camp, etc., v. Hutchinson, 214 Ala. 540, 108 So. 520.

The demurrer,…