Eckard v. Metropolitan Life Insurance

The policy of life insurance sued on in this action was issued by the defendant, a life insurance company doing business in this State, without a previous medical examination of the insured. The issuance of the policy was authorized by C. S., 6460, as amended prior to its issuance. See N. C. Code of 1935, sec. 6460. Holbrook v. Ins. Co., 196 N. C., 333, 145 S. E., 609. The statute was in force at the date of the issuance of the policy, and is therefore a part of the policy as much so as if its provisions were expressly incorporated in the policy. The rights and liabilities of the parties to…