Ætna Life Insurance v. S. H. & S. Mining Co.

Citations

• 84 Kan. 826
• 115 P. 540
• 1911 Kan. LEXIS 425

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Pleadings — Answer — Immaterial Allegations — Prejudicial Error. In an action by the appellant to recover premiums upon an insurance policy written for one year the appellee pleaded a preliminary verbal agreement for such insurance for six months only, for which it had paid the premiums in full. The ' answer contained allegations that the appellee, believing that the policy had expired, took out other insurance upon which it had received indemnity for losses occurring during the last six months of the year, for which the appellant would have been liable if its policy had been in force during that period. It is held that these allegations should have been stricken out on motion and that evidence admitted to prove them was prejudicial.</p>