Falberg v. Continental Casualty Co.

Mr. Presiding Justice McSurely

delivered the opinion of the court.

This is a suit on an accident insurance policy. On the trial the court instructed the jury to find the issues for the plaintiff and to assess the damages at $1,000. Judgment was entered on the verdict.

The application for insurance is in part as follows:

“I hereby apply for insurance in.the Continental Casualty Company based upon the following statements, and I agree that any failure on the part of myself, my heirs, legal representatives or beneficiary to comply with the provisions, conditions and agreements of this Application,…