Hoover v. Royal Neighbors of America

Citations

• 65 Kan. 616
• 70 P. 595
• 1902 Kan. LEXIS 100

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Live Insurance — Reference in the Policy to the Application — • Warranty of Assured. When, in a contract of insurance, the application of the insured is made the basis for, and a part of, the contract between the parties, and in the contract so made it is stipulated and warranted that the answers of the insured to questions propounded in the application are literally true, and it is also stipulated that if any such answer be found tobe not literally true the contract shall become absolutely null and void, the validity of the contract depends on the truthfulness of the answers, and not on the materiality of the answers to the risk assumed. The contract of the parties having made the answers of the insured material, the same is avoided if such answers be found untrue.</p>