Wilson v. Goscinske

1 Citing case

  1. Allstate Insurance Co. v. Springer

    269 F.2d 805 (6th Cir. 1959)   Cited 7 times
    In Allstate Ins. Co. v. Springer, 269 F.2d 805 (6 Cir. 1959) questions were submitted to a jury as to the truth or falsity of answers on an application for insurance. The jury found the answers to be true notwithstanding uncontradicted testimony that they were false. The submission to the jury of questions as to the verity of answers to questions in the insurance application were held to be improper in any event.

    Questions 6 and 7 should not have been submitted to the jury. Lovas v. General Motors Corp., 6 Cir., 212 F.2d 805, 807-808; Wilson v. Goscinske, 6 Cir., 233 F.2d 759, 762; Manos v. Detroit United Railway, 168 Mich. 155, 162, 130 N.W. 664, L.R.A. 1917C, 689; Merritt v. Huron Motor Sales, Inc., 282 Mich. 322, 326, 276 N.W. 464. The jury's answers to questions 6 and 7, as drafted, must be set aside, and the judgment based upon them necessarily falls. Another interrogatory submitted to the jury asked the jury if Erma Springer, by accepting and cashing the appellant's check for $143.75 as a refund of premium in accordance with its letter of December 20, 1955, understood that the appellant was declaring the policy void and did she intend at that time to acquiesce in and consent to the appellant's recission and avoidance of the policy.