National Aid Life Ass'n v. Miller

Mrs. Auda Miller instituted this suit to recover of the National Aid Life Association on an insurance certificate issued to her deceased husband, B. D. Miller. The defendant answered by general demurrer, special exceptions, and urged special defenses. The trial was before the court and jury, and upon answers to special issues judgment was rendered in favor of plaintiff; hence this appeal.

The specially alleged defenses were: (1) That the assured Miller made false representations and warranties in his application for insurance, and (2) that, by the terms of the insurance certificate, it was…