North Carolina Mut. Life Ins. Co. v. Coleman

SIMPSON, Justice.

Clauses, such as contained in the suit policy, stipulating for the soundness of health of insured as condition precedent to the operation of the policy, have been construed to be effective as warranties and enforceable as such if, at the time of the issuance and delivery of the contract, the subject was in fact afflicted with a disease or ailment which increased the risk of loss. Vredenburgh v. Liberty Nat. Life Ins. Co., 246 Ala. 251, 20 So.2d 207; National Life & Accident Ins. Co. v. Collins, 244 Ala. 182, 12 So.2d 353; Life Ins. Co. of Virginia v. Newell, 223 Ala. 401,…