National Life Accident Ins. Co. v. Albert

The policy sued on contains the following clause: “No obligation is assumed by the company prior to the date hereof, nor unless on said date the insured is alive and in sound health.” This court has considered such terms of insurance policies to be in legal effect warranties, and governed by the principles of law applicable to warranties. Reliance Life Ins. Co. v. Sneed, 217 Ala. 669, 117 So. 307; Cotton States Life Ins. Co. v. Crozier, 216 Ala. 539, 113 So. 615; Southern Life & Health Ins. Co. v. Morgan, 216 Ala. 529, 113 So. 540; Mutual Life Ins. Co. v. Mandelbaum, 207 Ala. 234, 92 So. 440,…