Auriemma v. Western & Southern Life Insurance

Defendant appeals from a judgment against it entered on an industrial life insurance policy issued by it for $500.

The amended statement of claim alleges the execution and delivery of the policy on October 28, 1940, and the death of the insured on February 18, 1941 from cirrhosis of the liver. Defendant’s second amended answer alleges that the policy was issued without a medical examination or inspection by a doctor and contained a provision that, subject to the provision headed “Incontestability,” not here involved, “no obligation is assumed by the company unless on the date and delivery of…