Goertz v. Continental Life Insurance & Investment Co.

Citations

• 95 Wash. 358
• 163 P. 938
• 1917 Wash. LEXIS 820

Syllabus

<p>Insurance — Breach of Warranty — Health of Insured — Evidence — Question for Jury. Whether representations and warranties that the insured was in good health were in fact false and made with intent to deceive is a question for the jury and not for the court, where by the testimony of one doctor, he was examined and found in good health,-in December, 1913, and in July, 1914; and by the testimony of another doctor, he was suffering from pulmonary tuberculosis which progressed rapidly, from April, 1914, until July, 1914; and by the testimony of another doctor who was the company’s examiner, he was examined in September, 1914, and found to be in perfect condition, but that five or six months later he had pulmonary tuberculosis, from which he died May 12, 1915.</p> <p>Same — Breach of Warranty — Health — Evidence — Nonexpert Evidence — Admissibility. Upon an issue as to whether representations and warranties that the insured was in good health were in fact false and made with intent to deceive, while he was suffering from tuberculosis from which he afterwards died, it is competent for the plaintiff to prove his physical appearance at the time in question by acquaintances and associates who had adequate opportunity for observation; especially where the usual period of the duration of the disease elapsed between the date of the policy and the date of his death.</p>