Green v. National Annuity Ass'n

Citations

• 90 Kan. 523
• 135 P. 586
• 1913 Kan. LEXIS 258

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Beneficiary Insurance — Statements in Application — Warranties. Express warranties of the truthfulness of answers to questions were made in an application for a beneficiary certificate and the certificate recited that it was issued subject to the statements made in the application, “which are hereby warranted to be full, complete and true, and made a part of this contract.” The statements referred to are held to be warranties.</p> <p>2. - Applicant’s Health — Questions and Answers — Presence of XJremia. The following questions and answers appear in the application:</p> <p>“Q. Have.you ever had loss of consciousness? A. No.</p> <p>“Q. Have you had any illness, constitutional disease or injury that has confined you to the house during the past five years? If so, give particulars. A. A year ago, yes, had uremia — Dr. J. F. Hassig, Kansas City, Kansas, pronounces him cured — I find no trace myself.”</p> <p>The illness referred to occurred seven months before the answers were made instead of one year, but no further question was asked concerning the date. The medical examiner of the association applied the best known tests for, uremia, and then appended to the applicant’s answer her own statement, “I find no trace myself.” It is held that the association was sufficiently informed of the disease. The precise date being within the period covered by the question was not considered important by the association, and should be treated as superfluous. •</p> <p>3. - Unconsciousness a Manifestation of Uremia. The evidence shows that unconsciousness is an ordinary incident or manifestation of uremia. Having been informed of the disease, the association is chargeable with knowledge of this incident.</p> <p>4. - Acceptance of Risk — Waiver—Estoppel—To Claim Breach of Warranty. The association waived the conditions of the policy relating to previous illness from the disease referred to by accepting the risk and issuing the policy with knowledge of