Kuskie v. Western & Southern Life Insurance

Opinion by

Trexler, P. J.,

This is an action of assumpsit begun January 23, 1930 on a policy of industrial life insurance. It has been tried three times in the court below and each trial resulted in a verdict for the plaintiff. Before the third trial, on November 1, 1932, the court below was asked to allow an amendment to the defendant’s affidavit of defense in which the question was raised for the first time that the insured had understated her age; that she, when insured, was 57 and not 40. It is claimed that, even if the jury would again decide in favor of the plaintiff as to her right to…