Schaefer v. Peninsular Casualty Insurance

This case was tried without a jury. The plaintiff declared on an accident insurance policy issued on November 19, 1920, to Earl E. Leonard. In his application, bearing the same date as the policy, Leonard directed that, in case of his death by accident, the proceeds should be payable to Alice Leonard, whom he described therein as his wife, and among other representations, he said: "My habits are temperate." The recitals of the policy as to consideration are also of importance; it was agreed that defendant "in consideration of the statements in the application for this policy, a copy of which…