Camp v. FIDELITY BANKERS LIFE INSURANCE COMPANY

Clark, Judge.

In this suit brought by the beneficiary under a life insurance policy the sole issue at the trial was the defense that the death was the result of suicide occurring within two years from the effective date of the policy. The answer by the insurer had acknowledged its liability in the words of its contract to be "limited to the amount of the premiums actually paid and the defendant has tendered the amount of such premiums to the plaintiff.” During the trial the parties did not deal with the tender of premiums. The result was a verdict for the insurer upon which the court rendered…