Crocker v. Life Ins. Co. of Virginia

The opinion of the Court was delivered by

Mr. Chief Justice Stabler.

On September 23, 1935, the defendant company insured, without medical examination of the applicant, the life of one Ernest Crocker in the amount of $500.00, the plaintiff, his stepmother, being named as beneficiary. The contract contained the following provision: “This policy shall be void if, upon its date and delivery, the insured be not alive and in sound health.” After the death of Crocker, which occurred on April 1, 1936, the company refused, upon demand of the beneficiary, to pay the face amount of the policy, but…