Lofstead v. Bank Savings Life Insurance

Citations

• 110 Kan. 455
• 204 P. 530
• 1922 Kan. LEXIS 69

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Life Insurance — Liability Limited in Case of Death in Military Service. A policy of life insurance is not forfeited and is not forfeitable on account of the insured engaging in military service of the United States where the policy provides that, if the insured does engage in military service in time of war and death shall occur during such engagement or as a result thereof, the liability under the policy shall be limited to its cash surrender value at the time of the death of the insured unless he, with the insurer’s copsent, had paid the established extra premiums therefor.</p> <p>2. Same — Demurrer to Reply Erroneously Sustained. A demurrer to a reply should not be sustained where the reply denies facts alleged in the answer which, if true, would constitute a partial defense to the cause of action stated in the petition, and when the reply contains no admission of the facts thus pleaded in the answer.</p>