Ferguson v. Quaker City Life Insurance Co.

ROVER, Chief Judge.

Before us for the second time is a suit to recover on an industrial life insurance policy taken out by appellant on the life of her son. Appellant is designated as beneficiary in the policy, issued July 12, 1954. The company defended on a section of the insurance contract which renders the policy voidable if within two years prior to the date of issue the insured had received institutional, surgical, or medical treatment for a serious disease or physical condition. Relying on this same defense in the first trial, the company attempted to prove through autopsy reports and…