Farmers Bankers Life Ins. Co. v. Baxley

Plaintiff, husband and beneficiary, brought this action to recover the face amount ($2,000) of a life insurance policy issued by defendant to his wife, Capitola F. Baxley, upon a non-medical application made through one Bornheim, soliciting agent for defendant’s general agent, at Ardmore, Oklahoma, on June 5, 1946.

The policy was delivered June 17, 1946, premiums being paid by the plaintiff. Both the application and the policy contained the usual provision that no liability attached unless the insured was in good health upon delivery and receipt of the policy. Insured had been treated earlier…