Life & Casualty Co. v. Smith

Plaintiff sued the defendant company upon a life-insurance policy under which he was beneficiary. In his petition he alleged that the policy was in effect at the time of the death of the insured, that notice of such death was in due time properly submitted to the company, and that his continued demands for payment were refused by the company. The company defended on the ground that the insured had within two years prior to the issuance of the policy been treated by a physician for a serious disorder or disease, to wit, goiter and extreme nervousness, and that under a provision of the policy…