Rosa Lee Roosth v. Lincoln National Life Insurance Company

CAMERON, Circuit Judge.

December 24, 1956, Dr. Harold Roosth (insured), a practicing physician in Tyler, Texas, applied to The Lincoln National Life Insurance Company (insurer) for $50,000 life insurance with appellant Rosa Lee Roosth, his wife, as beneficiary. The policy was issued on the same date after the usual medical examination and was delivered to insured soon thereafter. After paying two monthly premiums the insured died February 7, 1957, the death certificate showing as the cause of death “Sub-arachnoid hemorrhage due to ruptured aneurism.” The insurer declined the beneficiary’s…