Campbell v. Monumental Life Insurance

OPINION

BY THE COURT:

Submitted on application for rehearing.

Two questions are urged: (1) That the court did not consider or pass upon the claimed error in the failure of the trial judge to charge the jury that if and when it appeared that the insured had been treated by a physician within two years prior to the issuance of the policy, the burden of proving that such treatment was not for a serious disease was upon the plaintiff.(2) As the plaintiff in her own behalf offered in evidence the application for insurance, this removed any objection to the admissibility of the waiver which was a part…