New York Life Insurance v. Kuhlenschmidt

There have been two trials of this cause with an intervening appeal decided by this court December 17, 1937, with rehearing denied January 18, 1938. In our former opinion (same title) 213 Ind. 212, 11 N. E. (2d) 673, the issues were stated, and, except as may be necessary to clarify the subject-matter, will not be restated.

After the cause was remanded appellee filed reply to appellant’s answer and also answer. to appellant’s cross-complaint, each alleging in substance that when the insured made his application, the falsity of which is relied upon as a defense, he was sound and well and had…