BANK v. INS. CO.

No. 38465.

176 Ohio St. 395 (1964)

THE FIRST NATIONAL BANK OF CINCINNATI, APPELLEE, v. BERKSHIRE LIFE INS. CO., APPELLANT, ET AL.

Supreme Court of Ohio.

Decided June 24, 1964.


Attorney(s) appearing for the Case

Messrs. Frost & Jacobs and Mr. James G. Headley, for appellee.

Messrs. Marble & Vordenberg, for appellant.


TAFT, C. J.

Each of the two policies involved in the instant action as well as the third policy involved in the Florida case provided that it should not take effect until the policy was delivered "during the good health of the * * * insured."

The trial court held that, as alleged in the answer of the insurer, the insured, Denton, was not in good health on March 16, 1955, the date when plaintiff alleges and the trial court found that the first policy was delivered...

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