Borovicka v. Bankers Indemnity Insurance

Plaintiff, as beneficiary in an accident policy issued by defendant to her husband, brought suit alleging the accidental death of the insured; upon trial the jury returned a verdict for $5,000' with interest. Thereafter the court allowed defendant’s motion for a directed verdict for a lesser amount and judgment was entered against defendant for $2,176; plaintiff appeals.

Defendant’s position is that the insured was killed by performing a hazardous act not pertaining to his occupation as stated in his application for insurance, hence defendant is liable for $2,000 only, the amount of liability…