Bankers Health & Life Insurance v. Lawson

The application for the policy sued on was dated June 23, 1942. The policy was issued on July 6, 1942. The insured died on July 21, 1943. The policy contained the following limitation-of-liability clause: “Limitation of insurance. (d) If the insured within five years prior to the date hereof has had medical or surgical attention not specifically stated in the application thereof, or if the insured prior to the date hereof has had any illness or disorder of the kidneys . . the liability of the-company under this policy shall be limited to the return of the premium paid, provided, however, that…