Askey v. New York Life Insurance

Citations

• 102 Wash. 27
• 172 P. 887
• 1918 Wash. LEXIS 918

Syllabus

<p>Insurance—Life Insurance—Application—Warranty—Statute —Intent to Deceive. Misrepresentations as to previous illness by an applicant for life insurance will not vitiate tbe policy, under Rem. Code, § 6059-34, providing that no misrepresentation or warranty in the negotiation of the contract shall he deemed material or defeat the policy, unless it was made with intent to deceive; it being necessary to prove the intent.</p> <p>Same—Action on Policy—Misrepresentations — Intent to Deceive—Evidence—Admissibility. In an action on a life insurance policy, the death certificate filed by the plaintiff is not proof of any disease suffered by the deceased four or five years prior to death, and while a prima facie admission and evidence of statements as to past health, it is not proof of insured’s intent to deceive.</p> <p>Same—Misrepresentations—Intent to Deceive — Question for Jury. Intent to deceive in misrepresenting past illness to be pneumonia when it was tuberculosis, made by an applicant for life insurance, who some time later died of tuberculosis, is a question for the jury, where it appears that insured had gone to California on the advice of a physician, who after a careful examination found no evidence of tubercular trouble, the wife and mother testified that there were no indications thereof, and the agent testified that he had no appearance thereof.</p> <p>Evidence—Opinions—Nonexperts. Upon an issue as to deceit in misrepresenting past illness of an applicant'for insurance who was tubercular, nonexpert evidence of his physical appearance and condition is admissible.</p> <p>Appeal—Review—Harmless Error. Upon an issue as to deceit in misrepresenting past illness of an applicant for insurance who was tubercular, it is harmless error to admit evidence that the physician examining the insured never imparted to his wife that the insured was tubercular, since it was but negative evidence of slight value.</p> <p>Insurance—Action on Policy—Misrepresentations—Evidence— Ad