Columbian Nat. Life Ins. v. A. Quandt & Sons

On .December 4, 1943, the appellant, the Columbian National Life Insurance Company, delivered a life insurance policy, No. 275203, dated 'October 23, 1943, to Theodore Quandt, which policy insured the life of said Theodore Quandt in the amount of $15,000.

Theodore Quandt died April 2, 1944. A* Quandt & Sons, the beneficiary in the said insurance policy, made demand for payment of the principal of the policy. Upon refusal of payment, the beneficiary instituted suit in the lower court for the $15,000 and interest. The lower court entered judgment for the appellee, A. Quandt & Sons, in the sum of $15,000, together with interest in the amount of $910.04 and costs.

It is undisputed that the insured died of cancer. The appellant urges that the evidence was uncontradicted that he must have had the cancer at the time the insurance was issued; that, therefore, he was not then in sound health and the insurance never took effect.

The application for the life insurance policy included this provision:

The question before the trial court was one of fact — was the insured in sound health at the time of the issuance and delivery of the policy and payment of the first premium? There is no…