Glasgow v. Sovereign Camp of the Woodmen of the World

Citations

• 107 Kan. 354
• 191 P. 470
• 1920 Kan. LEXIS 76

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Fraternal Benefit Insurance — False Statements in Application Avoid the Certificate — Chap. 226, Laws of 1907, Does Not Apply to Fraternal Benefit Insurance. The provision of chapter 226 of the Laws of 1907, that, “No misrepresentation made in obtaining or securing a policy of insurance on the life or lives of any person or persons, citizens of this state, shall be deemed material or render the policy void unless the matter misrepresented shall have actually contributed to the contingency or event on which the policy is to become due and payable,” does not apply to certificates issued by fraternal benefit societies.</p> <p>2. SAMEr-Faise Answers to Material Questions in Application Render Certificate Void. Questions asked upon an application for a beneficiary certificate as to whether or not the applicant had' consulted or- been attended by a physician for certain named diseases, are material, and false answers given by him operate to annul the certificate, and it is further held that a finding of the jury herein that the insured had not consulted or been attended by a physician within a fixed time is contrary to the evidence.</p>