American Republic Life Insurance v. Flynn

On the 1st day of September, 1945, the appellant, insurance Company, executed and delivered to the appellee, Flynn, a policy of insurance providing, among other things, for monthly indemnity by reason of loss of time due to illness. At that time it was recognized by both parties that Flynn had been, or was then, afflicted with heart trouble. A rider, or policy supplement, was made a part of the policy, which provided:

“This policy does not cover disability caused directly or indirectly as a result of the recurrence of heart trouble in any form.

“If, after a period of two years, evidence…