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REPORTS OF ALL DECISIONS
RENDERED IN INSURANCE CASES -IN THE FEDERAL COURTS
AND IN THE STATE SUPREME COURTS.
100 WILLIAM STREET.
RENDERED IN INSURANCE CASES IN THE FEDERAL COURTS, AND IN THE STATE SUPREME COURTS.
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 con
tract 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 de
fense to an action on the policy. (For other cases, see Insurance, Cent. Dig. 88 1617, 1618; Dec. Dig. $
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.