Bankers Security Life Insurance Co. v. Killingsworth

JOHNSON, Chief Justice.

The parties will be referred to as they appeared in the trial court.

The plaintiff, on October 6, 1953, as beneficiary, brought this action against the Bankers Security Life Insuran.ee Company, upon a policy of life insurance issued on November 19, 1948, by the defendant, insuring the life of William Ray Killings-worth, who died on February 6, 1953.

The defendant answered, alleging amo'ng other things, that at the time the application for the policy was made, the insured was suffering from a serious disease that later caused his death, which disease, the plaintiff…