Inter-Ocean Casualty Co. v. Ervin

BOULDIN, Justice.

The action was to recover the death benefit under a policy of accident and health insurance. On the trial the court gave the affirmative charge, with hypothesis, for plaintiff.

The substantial issue was presented under plea 4, and special replication thereto.

Plea 4, among other things, relies upon a misrepresentation in the application saying: “Neither my hearing nor vision is impaired.” In fact the insured was deaf and dumb. The replication, on which issue was joined, recited:

“Plaintiff says further that if it is stated in said application that the hearing of said applicant…