Pacific Mutual Life Insurance v. Despain

Citations

• 77 Kan. 654
• 95 P. 580
• 1908 Kan. LEXIS 318

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Accident Insurance — Defenses of Prior Accident and False Warranties Improperly Withheld from Jury. In an action on a policy which insured plaintiff against the effects of bodily injuries sustained during the term of the policy and caused solely through external, violent and accidental means, and wherein it was stipulated that a certain indemnity should be paid if the irrecoverable loss of the sight of both his eyes should result from such injuries independently of all other causes, and that the policy did not cover anything of which the sole or secondary or contributory cause is, or which occurs while the insured is affected by or under the influence of, bodily infirmity, where the plaintiff averred that he lost his sight by reason of an injury sustained at a certain time, and where one of the defenses of the insurance company was that an injury received long before that time, and prior to the issuance of the policy, contributed to, if it did not wholly cause, the blindness of defendant, and where testimony was produced by defendant tending to support that defense, as well as another defense to the effect that the warranties upon which the policy was issued were false, it was the duty of the trial court to submit these questions to the jury.</p> <p>2. Practice, District Court — Instructions. In instructing the jury the court should not restrict or ignore any of the issues formed by the pleadings and supported by the proof, and where defendant pleads several defenses, and offers proof to sustain them, a charge by the court which ignores one or more of such defenses and authorizes the return of a verdict against defendant if the jury decide other issues in favor of the plaintiff is error.</p>