Swope v. Federal Surety Co.

This is an action upon an accident policy in favor of plaintiff upon the life of her husband, Lauran Claud Swope. It is admitted that the deceased lost his life whilst driving alone in an automobile which struck the balustrade of a bridge and then turned over and crushed and burned the assured to death.

The defense is (1) that the assured, in applying for the policy, misrepresented that he was of temperate habits, and (2) that he was intoxicated at the time of the accident, the policy providing that in such case no liability by the company should result.

The trial judge found that both defenses…