WOODMEN OF THE WORLD LIFE INS. SOC. v. PHILLIPS

6 Div. 417.

63 So.2d 707 (1953)

WOODMEN OF THE WORLD LIFE INS. SOC., Inc. v. PHILLIPS.

Supreme Court of Alabama.

Rehearing Denied March 26, 1953.


Attorney(s) appearing for the Case

Wm. B. McCollough, Birmingham, for appellant.

J. Robt. Huie and J. Terry Huffstutler, Birmingham, for appellee.


MERRILL, Justice.

This is an action on a fraternal insurance policy to recover a death benefit.

The complaint as amended consists of one count. Defendant entered two pleas of the general issue and five special pleas to the complaint. Upon the pleas the plaintiff joined issue.

The defense rests upon the theory that the insured was not in sound health at the time of the delivery of the policy, contrary to the warranties made at that time that he was...

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