Brown Service Ins. Co. v. Childs

CARR, Judge.

The plaintiff below recovered a judgment against Brown Service Insurance Company, Inc., in an action based on a life insurance policy. The insured was Mrs. Bessie B. Childs, and the beneficiary was her son, Ray Childs.

The policy contains these provisions:

“Preliminary Provision — No liability, except the return of all premiums paid hereon, is assumed by the company prior to 12:00 o’clock noon, Central Standard Time, of the date hereof, nor unless at said time and date, the proposed Insured be alive and in sound health.”

“Limitation of Insurance: — No obligation is assumed by the…