Citizens' Nat. Life Ins. v. Swords

Citations

• 109 Miss. 635
• 68 So. 920

Syllabus

<p>1. Insurance. Avoidance. “Warranty.” Representations.</p> <p>There is a well recognized distinction between “representations” and “warranties.” A' warranty must be literally true and its materiality cannot be the subject of inquiry. A representation needs only to be substantially true, and if it is' not material to tbe risk, in tbe absence of fraud, its falsity will not invalidate tbe policy.</p> <p>2. Insurance. Avoidance of policy. Statements of application. Representations.</p> <p>Under a clause in a life insurance policy providing that, “Tbis instrument contains tbe entire contract between tbe parties hereto, and all statements made by the insured shall in the absence of fraud, be deemed representations and not warranties” where tbe insured, in her application, made statements in regard to tbe family history of certain relatives and some touching on her own physical condition, but there was no fraudulent concealment of any material facts. Such statements did not avoid the contract.</p>