Becker v. Kansas Casualty & Surety Co.

Citations

• 105 Kan. 99
• 181 P. 549
• 1919 Kan. LEXIS 27

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Accident and Health Insurance — Misrepresentation in Obtaining Policy — Construction of Statute. The statute (Laws 1907, ch. 226, Gen. Stat. 1915, § 5290), which provides in effect that no misrepresentation made in obtaining a policy on the lives of persons shall be deemed material or render the policy void unless the’ matter misrepresented shall have actually contributed to the contingency on which the policy is to become due, applies to a policy issued by a health and accident insurance company giving indemnity for loss of life by accidental means.</p> <p>2. Same. The application for insurance contained statements as to existing physical conditions, and as to things done and that had not been done by the insured “except as herein stated.” No exceptions were stated, but the statements were followed by check marks. It is held that the statements so made are to be regarded as positive declarations of fact, and that they constitute a part of the contract of insurance.</p> <p>3. Same — False Statements Affecting Moral Risk May Avoid the Policy. False representations by the insured which affect the moral risk, such ■ as that he had not applied for or taken out other insurance of the same kind, or that he had never received indemnity for accident or illness, while they cannot be regarded as having directly contributed to the accidental death of the insured, are not within the scope or purpose of the statute mentioned, and are not rendered immaterial by the statute.</p>