Blackwell v. United Insurance Co. of America

Stukes, Chief Justice.

The respondent was the beneficiary of a $1,000.00 policy of appellant upon the life of the insured, who was the uncle of respondent. The policy was dated and issued May 23, 1953. The insured died Of heart disease on February 24, 1955. This action for the death benefit of the policy was commenced on August 8, 1955, which was more than two years after the date of the policy.

The application by the insured for the policy contained the following:

“Q. Are you in good health at present? A. Yes.

“Q. Have you been a patient in any Hospital during the past 10 years? If so, date: A.…