#### Katherine Connors, Appellee, v. National Council, Knights and Ladies of Security, Appellant.

Gen. No. 23,351.

(Not to be reported in full.)

Abstract of the Decision.

1. Insurance—when evidence that applicant stated that he had no dead brother is erroneously stricken out. Evidence that in sured stated in his application for insurance that he had no dead brother was material to -the issue and was erroneously stricken out, in an action to recover on the benefit certificate, where the evidence tended to show that he had at the time he applied for the insurance a deceased brother, as, if he fraudulently made false answers to questions in his application that he had no brother dead for the purpose of inducing the defendant to *66issue to Mm the certificate, there could he no recovery thereon, whether his answer be considered a warranty or a representation.

*65Appeal from the Superior Court of Cook county; the Hon. Joseph B. David, Judge, presiding.

Heard in the Branch Appellate Court at the March term, 1917.

Reversed and remanded.

Opinion filed March 13, 1918.

Statement of the Case.

Action by Katherine Connors, plaintiff, against National Council, Knights and Ladies of Security, a corporation, defendant, to recover on a benefit certificate issued by defendant to plaintiff’s brother, Joseph M. Maher, deceased, for $1,200. From a judgment for plaintiff for $1,200 and interest, defendant appeals.

A. W. Foi/eor, for appellant.

Barrhardt & Stafford, for appellee.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Justice O’Connor

delivered the opinion of the court.

*662. Insurance, § 752*—what considered in determining fraud in answer in application. As bearing on the question whether an untruthful answér to a question asked of an applicant for benefit insurance in his application was fraudulently made, the question of the materiality of the answer should be considered.

3. Insurance, § 897 * —when materiality of answers to questions in application question of law. The question of the materiality of answers to questions asked of an insurance applicant in his application is generally one of fact, but may become one of law when all reasonable minds would arrive at the conclusion that the answers were material.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.