60 Ind. App. 269 | Ind. Ct. App. | 1915
Appellee, beneficiary of her husband, John Miller, deceased sued appellant to recover the amount of a fraternal insurance policy issued by it on the life of her said husband. The answer of appellant is a breach of the warranties contained in the application upon which the beneficiary certificate was issued and which by the terms of such certificates becomes a part of it. The reply stated that statements made to the appellant’s medical examiner, by the decedent were true, but
Other instructions given were outside the issues and the effect which would necessarily follow therefrom would be to confuse and mislead the jury. Error in giving such instructions can not be regarded as harmless. Summerlot v. Hamilton (1889), 121 Ind. 87, 91, 22 N. E. 973.
The commission of the indicated errors requires the reversal of the judgment. Judgment reversed.
Note. — Reported in 110 N. E. 556. As to misrepresentations by assured as' to health, see 3 Am. St. 634.. As to forfeiture of life in-' suranee by false representations with respect to previous applications for insurance, see 55 L. R. A. 122. See, also, under (1) 9 Cyb 587; (2) 25 Cye 805, 806; (3) 29 Cyc 89; (5) 38 Cye 1511, 1602, 1612.