Service Life Insurance v. McCullough

The facts and their chronology are important in the determination of the appeal. On July 1, 1937, Herman F. Me-. Cullough, a farmer, born October 2, 1889, made written application to plaintiff for a contract of insurance. At the same time, on a separate form, lie made a declaration of insurability in lieu of a medical examination. The defendant testified that the insured had a medical examination, which was the privilege of plaintiff, but no report thereof was attached to the contract. There is no denial of defendant’s testimony on this point. The policy or contract was issued on July 19,…