Commonwealth Life Ins. Co. v. Harmon

THOMAS, Justice.

The plaintiff declared on a policy of life insurance and employed the Code form. Section 9531, form 12, Code 1923.

There were the pleas of the general issue; pleas 3 and 4 setting up provisions of the policy alleged to be breached in that the insured was not in sound health on the date of the delivery of said policy, but was affected with a serious disease which was material to and increased the risk of loss, and warranties that were untrue, and pleas 5, 6, and 9 based on representations contained in the policy, as that of sound health, alleged as untrue, material to the risk,…