Evans v. Imperial Life Insurance

This is an action instituted by tbe beneficiary upon a policy of insurance, issued by tbe defendant upon tbe life of Lina Evans (Hamm), wherein was provided that “should death of the insured be caused by . . . disease of heart within one year from date of this policy . . . the liability of the company is limited to the amount of premium paid to and received by the company, and no more.” The insured died within one year from the issuance of the policy.

The sole question for determination by the jury was whether the death of the insured was caused by a disease of the heart, which was submitted…