Western & Southern Life Insurance v. Carroll's Administrator

Opinion op the Court by

Judge Clay

Affirming.

On October 17, 1929, Mary L. Carroll applied to the Western & Southern Life Insurance Company for a policy insuring her life in the sum of $500. The policy was delivered on October 21,1929. A few days later the insured died. The company having denied liability, this action was brought by the administrator of the insured to recover on the policy. The company was awarded the burden of proof, and, at the conclusion of its evidence, the court directed a verdict in favor of the administrator. The company appeals.

Among the provisions of the policy was the…