National Life Accident Ins. Co. v. Hollis

SIMPSON, Judge.

This is a suit by appellee against appellant on a policy of insurance, covering the life of appellee’s father, issued by appellant company, September 14, '1936. From a judgment for the plaintiff, the defendant appeals.

Among the defenses interposed pending trial were pleas averring fraud and misrepresentation in the procurement of the policy, and conditions breached in that, prior to the issuance of said policy, insured had suffered with and had been treated for cancer and from which disease he died December 29, 1937.

There was a provision in the suit policy: “If the insured is…