THE INSURANCE LAW JOURNAL. REPORTS OF ALL DECISIONS RENDERED IN INSURANCE CASES IN THE FEDERAL COURTS THE INSURANCE LAW JOURNAL. VOLUME XLVIII. 1916 [New Series, VOLUME 28] REPORTS OF ALL DECISIONS RENDERED IN INSURANCE CASES IN THE FEDERAL COURTS, AND IN THE STATE SUPREME COURTS. From certified transcripts in our possession. LIFE. SUPREME COURT OF INDIANA. METROPOLITAN LIFE INS. CO. VS. SOLOMITO. (No. 22936.)* 1. INSURANCE-LIFE INSURANCE-VIOLATION OF POLICY. False representations in application for a life insurance policy relative to the health of the insured at and previous to issuance, his being attended by a physician, etc., render the policy voidable at the election of the insurer. (For other cases, see Insurance, Cent. Dig. §§ 691, 692; Dec. Dig. § 292.) 2. INSURANCE LIFE INSURANCE - PROVISIONS RELATIVE TO HEALTH-VIOLATION-DEFENSE. An answer setting up the fact in election to rescind and avoid the contract for breach of stipulations as to the insured's health prior to and at time of application, and showing a reasonable offer to return the premiums received, when established by proof, constitutes good defense to an action on the policy. (For other cases, see Insurance, Cent. Dig. §§ 1617, 1618; Dec. Dig. § 640[2].) Appeal from Circuit Court, Owen County; James B. Wilson, Judge. Suit by Vito Solomito against the Metropolitan Life Insurance Company. From a judgment for plaintiff, defendant appeals. On transfer from the Appellate Court under Burns's Ann. St. 1914, § 1405 (Acts 1901, c. 259). Judgment reversed, with instructions to the trial court to * Decision rendered May 16, 1916. 112 N. E. Rep. 521. |