American Nat. Life Ins. Co. v. John R. Corley Co.

ALEXANDER, Justice.

The life insurance policy recovered on in. the trial court contained the following provision: “Provided, however, that no obligation is assumed by the company prior to the-date hereof nor unless on said date the insured is alive and in sound health.” The trial court found that at the time the policy was-issued the insured had a malignant condition of the abdomen and was not in sound health, but that neither the insured nor the beneficiary named in the policy knew or thought that such condition existed. The evidence-supports such findings, and further establishes that within…