Hendricks v. National Life & Accident Insurance

Leonard E. Hendricks, plaintiff, sued The National Life and Accident Insurance Company, defendant, seeking to collect the proceeds of a policy of insurance issued by defendant on the life of Cecile Hendricks, deceased wife of plaintiff. Trial to a jury resulted in verdict and judgment for plaintiff. Defendant appeals.

The policy was issued on December 17, 1945, and provided that it should become effective only upon condition that insured was then in sound health. Insured died on January 9, 1946, of pulmonary tuberculosis and pneumonia. Defendant contends that the evidence conclusively…