Dakota Life Insurance v. Morgan

This action was brought for the recovery of $20,000 that had been paid by plaintiff to defendant Morgan on a life insurance policy issued by plaintiff, a life insurance company, to one Jesse Kezena during his lifetime. The policy .was issued in June, 1920, and was for $10,000; but contained a double indemnity -clause in case of death by accident. The policy was issued upon a written application made by the insured which, among other things, contained the statement that the insured was a “JJ-breed Indian.” During the month of November, 1920, the insured was killed by the accidental discharge…