Commonwealth Life Ins. v. Keen

Judge Latimer

Reversing.

Appellee, "Wiley Keen, brought this action on an insurance policy on the life of his son, James Walker Keen. The policy in question, issued by appellant in 1946, was in the sum of $2,000. Approximately 16 months after the issuance of the policy, James Walker Keen died, at the age of 17, with what medical authorities designated rheumatic heart - disease. The policy was what is termed a non-medical policy, that is, issued without medical examination. Following the filing of proof of death, appellant learned for the first time that James Walker Keen had suffered from…