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Professor Rogers considers a case where a life insurance policy appears to be voided by the use of alcoholic beverages by the insured, to the degree of cause of death. Rogers notes: "In the particular case the court was asked to give the following instruction: Th expression in the policy, 'became so far intemperate as to impair his health,' does not mean habitual intemperance; but an act of intemperance producing the impairment of health is within the condition of the policy, and renders the policy null and void except as therein provided...."

In the Application for Rule to Show Cause upon Motion for a New Trial, it was stated, "In construing the provisions of the policy of insurance on which the suit was brought, the court instructed the jury that they had the right to hold that proof of a single instance of the excessive use of alcoholic liquors, though it resulted in death, should not be regarded as the intemperance referred to in the policy, by which the health of the insured was impaired."

The Application was refused.