Prudential Insurance Co. of America v. Gutowski

Southerland, C. J.:

This is a suit at law upon four policies of life insurance issued by appellant upon the life of Anna S. Gutowski. The two principal issues, differing in respect of both facts and law, are as follows:

I. Are false statements by an applicant for life insurance, relating to prior hospitalization for mental illness and to treatment for chronic alcoholism, misrepresentations material to the risk?

II. Was there any evidence to support the verdict that death of the insured from an overdose of barbiturates was caused by “accidental means”?

The trial court submitted both these…