Prudential Ins. Co. of America v. Ashley

Opinion op the Court by

Drury, Commissioner—

Reversing.

This appeal is from a $12,000 judgment entered upon a verdict returned hy nine jurors in an action upon a contract of insurance upon the life of appellee’s former husband. This was the second trial of the case, the jury upon the former trial having been unable to agree.

This policy contained this provision:

“If within two years from the date hereof the insured, whether sane or insane, shall die by suicide, the liability of the company shall not exceed the amount of the premiums paid on this policy.”

Defendant in its answer pleaded:

“Defendant…