Northwestern Mut. Life Ins. Co. v. Yoe's Ex'r

Opinion op the Court by

Sims, Commissioner

— Reversing.

This is a second appeal and as the issues raised by the pleadings and the evidence adduced thereon in the first trial appear in the former opinion reported in 283 Ky. 406, 141 S. W. (2d) 554, it will not be necessary to restate them. In the first opinion it was written that' the falsity of the insured’s statements as contained in her application was admitted, and as there was no conflict in the evidence as to such false representations being material, there was nothing to submit to the jury,, and a peremptory instruction should have been…