Life & Casualty Ins. Co. v. Kelly

On April 15, 1940, Ezekiel Candler Kelly applied for and obtained a policy of insurance in favor of Vera G. Kelly, his wife, as beneficiary, with the appellant Life and Casualty Insurance Company, on what is known as a non-medical application. He died of an abscess on the brain on March 25, 1942, within the two year contestable period. In bis application, which together with the payment of the premiums thereon constituted the consideration and the basis for the issuance of the policy, the applicant was asked, among other things, the two following questions: First, “Have you ever been told…