Knights of Maccabees of the World v. Shields

Response to Petition por Rehearing by

Judge Carroll

Overruling.

The opinion in this case may be found in 156 Ky., 270.

As to whether an insurance company,*'that seeks to defeat the collection of a policy upon the ground that it was procured by fraud, must, in connection with its defense, tender hack the premiums received, there is conflict in the opinions of this court. Metropolitan Life Ins. Co. v. Moore, 117 Ky., 651; Provident Savings Life Assurance Society v. Whayne, 131 Ky., 84.

We do not think it necessary, when the defense is that the policy was obtained by fraud, that the company should,…