LIFE & CASUALTY INSURANCE CO. v. Truett

Bell, Presiding Judge.

The only question for determination is whether the evidence demanded a verdict for the insurer under either the policy provision captioned “Effective Date” or the provision captioned “Incontestability.” While both provisions depend for their efficacy upon the status of the insured’s health •on the date of issuance of the policy, yet there is a distinction under judicial decisions in the manner of their interpretation.

The “Effective Date” provision is not interpreted literally. “The application for insurance was not made a part of the policy. A provision in a life…