National Life Accident Ins. Co. v. Logan

GARDNER, Justice.

A life and health insurance policy was issued to plaintiff by defendant September 5, 1927, and that insured was totally disabled by sickness in the fall of 1931, for a period of thirteen weeks, during which time the policy was in full force and effect, is without dispute.

The defense rested upon the theory that plaintiff was not in sound health at the time of the delivery of the policy, and, further, that his sickness was due to a venereal disease known as syphilis, in which event, under the express terms of the policy, no liability accrued. The defense, first above referred…