Brigham v. Mutual Life Insurance Co.

Citations

• 95 Wash. 196
• 163 P. 380
• 1917 Wash. LEXIS 766

Syllabus

<p>Insurance — Lire Insurance — Application—Warranty — Statute —Intent to Deceive. Misrepresentations as to previous illness and physicians consulted, made by an applicant for life insurance, will not vitiate the policy, under Rem. Code, § 6059-34, providing that no misrepresentation or warranty in the negotiation of the contract shall be deemed material or defeat the policy unless it was made with intent to deceive; it being necessary to prove the intent.</p> <p>Same — Intent to Deceive — Evidence—Admissibility. In an action upon a life insurance policy, upon an issue as to whether misrepresentations as to the assured’s previous state of health were made with intent to deceive, within the meaning of Rem. Code, § 6059-34, it is error to exclude evidence that the examining physician, who was the agent of the insurance company, had been previously told of the assured’s previous illness, since his knowledge was the knowledge of the company.</p>