American Life Insurance v. Walker

Appellant, under a hospitalization policy, dated May 1, 1948, insured appellee against “financial loss due to hospital residence, surgical operations and certain other expenses * * * (b) resulting from sickness which is contracted while this policy is in force, herein called ‘such sickness’ * * The policy contains, among General Provisions, this further condition upon right to indemnity thereundér: “2. The provisions of this policy * * # shall not take effect * * * unless this policy has been received by the applicant while all the Insured are in good health and free from injury. ’ ’

The…