National Life Accident Ins. Co. v. Moore

The action is on a policy of life insurance, and the complaint, which follows the new Code form (Code 1923, § 9531, form 12), is not subject to any ground of demurrer. The cases cited by counsel for appellant related to the form provided by older Codes, and are not now applicable.'

The defendant’s demurrer to plaintiff’s replication to the special pleas was unquestionably well taken and should have been sustained. This replication is in confession and avoidance of pleas setting up plaintiff’s failure to make proof of death as required by the terms of the policy. It avers that defendant waived…