Hayes v. Mutual Benefit Life Insurance

Citations

• 104 Kan. 230
• 178 P. 432
• 1919 Kan. LEXIS 231

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>INSURANCE — Action to Recover Dividends — Matters Involved res Judicata. Where an action to reform an insurance policy and to recover annual dividends on such policy has been decided in a judgment' on the pleadings, the entire matter is res judicata, and a subsequent action to recover the dividends on such policy will not lie between the same parties and their privies in interest; and the fact that the second suit sought to be maintained is brought upon the original policy, the reformation of which was one of the matters denied in the first suit, does not relieve the second suit from the bar of res judicata.</p>