Wojciehowski v. National Council of the Knights & Ladies of Security

Appellate Court of Illinois

Wojciehowski v. National Council of the Knights & Ladies of Security

191 Ill. App. 254, 1915 Ill. App. LEXIS 964

Appellate Court of Illinois·Decided January 26, 1915·No. Gen. No. 20,342·Published

Opinion

Mr. Justice Smith

delivered the opinion of the court.

5. Insurance, § 908*—when instruction not based on evidence. In a suit on a fraternal benefit certificate, where there was no evidence that the applicant was not asked whether he had had delirium tremens, a suggestion to such effect to the jury was improper.- 6. Insurance, § 908*—when instruction erroneous. In a suit on a fraternal benefit certificate, an instruction as tp waiver of the defense whether the insured was addicted to the excessive use of intoxicants was erroneous when not based on the evidence. .

Free access — add to your briefcase to read the full text and ask questions with AI

Mr. Justice Smith

delivered the opinion of the court.

5. Insurance, § 908*—when instruction not based on evidence. In a suit on a fraternal benefit certificate, where there was no evidence that the applicant was not asked whether he had had delirium tremens, a suggestion to such effect to the jury was improper.- 6. Insurance, § 908*—when instruction erroneous. In a suit on a fraternal benefit certificate, an instruction as tp waiver of the defense whether the insured was addicted to the excessive use of intoxicants was erroneous when not based on the evidence. .

Wojciehowski v. National Council of the Knights & Ladies of Security, 191 Ill. App. 254, 1915 Ill. App. LEXIS 964 (Ill. Ct. App. 1915).

Pincite

191 Ill. App. 254 (Wojciehowski v. National Council of the Knights & Ladies of Security) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.