Hammer v. American United Life Ins. Co.

This is a suit by the beneficiary upon a policy of insurance allegedly issued and delivered to the insured in the amount of $1000. The defense is that the policy "shall not take effect until payment of the first premium and delivery of the policy during my (insured’s) lifetime and while in good health,” and that this provi- siou of the contract was not complied with. This defense is met by an insistence that the insured was in good health and had paid the premium at the date of the issuance of the policy, and while in fact the policy was not manually delivered during the sound health of the…