Smith v. Commonwealth Life Insurance

Opinion of the Court by

William Eogers Clay, Commissioner-

Affirming.

The defendant, Commonwealth Life Insurance Company, issued to Elvis Wallace a policy insuring his life in the sum of $300 in favor of his sister, Lena Wallace, now Lena Smith. The policy is dated October 16, 1911. Payment being refused, the plaintiff and beneficiary, Lena Smith, brought this action against defendant to recover thereon. Plaintiff avers in her petition that the insured, Elvis Wallace, died from drowning on the night of October 16, 1911, and that he was in good health and alive when the policy was issued and…