Fidelity Mutual Life Insurance v. Elmore

Citations

• 111 Miss. 137
• 71 So. 305

Syllabus

<p>Insurance. Avoidance of policy. Statements as to health.</p> <p>Under a policy of insurance providing that all statements of the insured shall, in the absence of fraud, be deemed representations and not warranties; on the death of the insured the company cannot successfully resist the payment of the policy on the ground that the insured in his application and when the policy was delivered, stated that he was in good health if such statements were made in good faith and believed to be true, and with no intention to commit a fraud, even though at the time of the application and delivery of the policy, the insured had tuberculosis and his death was subsequently caused by this disease.</p>