Wiley v. Rome Insurance

This case raises a question as to the bearing of section 4530 of the Civil Code upon an allegation in the plaintiff’s petition, averring 'a waiver of the forfeiture in the contract of insurance if the person insured was not in good health at the time of the issuance of the policy. There was a demurrer to the original petition, upon the ground, among others, that the petition did not allege that Dillard Wiley, the person insured, was in sound health, or an insurable risk, at the time the policy was delivered. The plaintiff amended the petition by alleging that the person insured was examined,…