Gibson v. National Life & Accident Ins.

This appeal on questions of law is from a judgment entered on a jury verdict award ing to plaintiff the death benefits provided in a policy of insurance issued November 29, 1948, on the life of Bobby L. Gibson, seven-year-old son of plaintiff, who died on January 26,1949, and containing the following provision:

“This policy shall take effect on date of issue, provided the insured is then alive and in sound health, but not otherwise.”

A similar verdict obtained at a former trial was set aside and new trial granted by the court as being manifestly against the weight of the evidence, so that the…