69 Mo. App. 186 | Mo. Ct. App. | 1897
The answer pleaded three defenses:
First] that it was provided by the terms of said policy that the insurance did not cover voluntary exposure to unnecessary danger and that the injuries complained of, and from which said Smith came to his death, were the direct and immediate result of his voluntary exposure to unnecessary danger, etc. Second, that it was further agreed in the application that said policy should be based upon the statement of facts therein contained which he, the said Smith, warranted to be true; that amongst the statements of fact therein made was one to the effect that “my habits of life are correct and temperate and I understand that the policy will not cover any accidental injury which may happen to me, either while under the influence of intoxicating drinks, or in consequence of my having beeu under the influence thereof.” It was further alleged that said Smith was of intemperate habits and a habitual drinker of' intoxicants and that his said statement was, therefore, false, etc. Third, that it was further agreed that in the policy that the said application and policy did not cover injuries, fatal or otherwise, received while, or in consequence of having been, under the influence of, or effected by, or resulting directly, or indirectly from intoxicants; that the injuries complained of were received by said Smith while he was under the influence of and effects of intoxicants and were the direct result of the influence of the same, etc.
Reply was a general denial coupled with the admission that the injuries mentioned in the answer were the same as those mentioned in the petition. There
The plaintiff need not allege the truth of the statement contained in the application, nor performance or nonperformance of conditions subsequent, nor negative prohibited acts or exceptions or allege that he is within the excepted risks. May on Ins., sec. 59. Stipulations added to a principal contract which are intended to
In the case at bar the court instructed the jury that the plaintiff was not only required to prove to the rea
It results that the order of the circuit court setting aside the verdict and granting a new trial will be affirmed which is accordingly ordered.