Wheeler v. United States Casualty Co.

The opinion of the court was delivered by

Swayze, J.

A demurrer in this case was sustained (41 Vroom 370), and the declaration held to be defective.

*397The plaintiff has amended her declaration, and the defendant has demurred to the first two counts.

The first count now avers that the assured made a written application for the insurance, and in response to an inquiry of the defendant stated that his age was sixty-four years; and that after the death of the assured, and prior to the expiration of the year from the date of the issue of the policy, the defendant waived the provision that the insurance…