Sovereign Camp, W. O. W. v. Davis

LIVINGSTON, Justice.

This is an action on a fraternal insur.-ance policy to recover a death benefit.

The application was made on the 27th of November, 1936, the certificate issued on the 19th of December, 1936, and delivered and accepted December 26, 1936. The insured died August 29, 1938, from a cancer •on his chin.

Defendant entered the plea of general issue and three special pleas numbered 2, 3 and 4.

The defense rests upon the theory that the insured was not in sound health, such as to materially increase the risk of loss at the time of the delivery of the policy, contrary to the warranty…