Aaberg v. Minnesota Commercial Men's Ass'n

Albert Aaberg, now deceased, commenced this action to recover benefits under a certificate of health and accident insurance issued to him by defendant. The case was tried and a verdict rendered for plaintiff. Defendant appealed. A new trial was granted on the ground that the court excluded from evidence the by-laws of defendant which constituted part of the contract, the particular sections, the exclusion of which was complained of, stipulated that certain specified representations in the application were warranties, that defendant should be relieved from liability if the assured took out…