Western & Southern Life Ins. v. Smith

The controversy between the parties arises over a supplementary contract attached to the original policy which provided among other things for a waiver of further premiums if the insured was shown to have become wholly disabled. If we take the facts as set up in the answer to be true, as we are bound to do upon a motion for judgment upon the pleadings, the petition would seem to have omitted some important provisions of the contract upon which recovery was sought. While one of the assignments of error is that the demurrer to the petition was erroneously overruled we shall not at this time…