1. INSURANCE — Fraud — Evidence. This case ruled by the opinion in Detroit F. M. Ins. Co. v. Gagliardi, 94 Colo. 453. Error to the District Court of Las Animas County, Hon. A. F. Hollenbeck, Judge.
In Western Assurance Co. v. Bronstein, 77 Colo. 408, 236 P. 1013 (1925), a case involving the fraud clause, our supreme court held that to make the policy void and release the insurer from the obligation of its contract, there must be proof of a false statement by insured as to some material matter made for the purpose and with the intention of deceiving the insurer and inducing it to pay more insurance than the amount of the loss sustained. See also Detroit Fire Marine Insurance Co. v. Gagliardi, 94 Colo. 453, 32 P.2d 832 (1934). Insured's admissions met the above requirements and left no questions of fact for the jury.