Publisher's Synopsis
Excerpt from Some Observations Regarding the Subject of "Waiver" Applied in Actions to Recover Upon Life Contracts: Paper Read Before the Association of Life Insurance Counsel, December 2d, 1919
Should you insist upon the rules of pleading you will still have many troubles before the trial court, but fewer in that 31 part of your court which listens to prac-tice motions, - but 1 however roughly you may be treated, do not compromise your pomt of pleading. It is my idea that as soon become' 'easy' 'with our adversary over a question of plead ing, or the nature of the cause of action as alleged, that there; upon we invite the entering wedge' our policy 133 contracts and destroy their fabric; and 'thu's-practically grant V1 to a court the opportunity to weave a new agreement upon 1 the wreck of the 01d.f_ee1 all the time that you are engaged\ in high professional duty of maintaining the principle of the 32 inviolability' of contracts from collateral attack. In cqnclu sion let me again quote from Mr. Ewart, a statement which seems to have been somewhat inspired by the classic opinion, of Mr. Justice Shiras in the Northern Assurance Company 2'
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