Western Southern Life Ins. Co. v. Bennett

OPINION

By MAUCK, J.

Upon the trial of the case the defendant offered in evidence what purported to be the application of the insured for reinstatement, which, over the signature of the insured, declared that he had not been sick since the policy lapsed, and that the revivor of the policy should be void if this and like representations were untrue. A copy of this application had not been attached to the reinstated policy, and as that fact had been pleaded as estopping the defendant from proving its contents, it was denied admission under the terms of §9387, GC.

The case then stood thus: The…