Horne v. John Hancock Mutual Life Insurance

Citations

• 53 Pa. Super. 330
• 1913 Pa. Super. LEXIS 176

Syllabus

<p>Insurance — Life insurance — Warranties—Statements as to health.</p> <p>1. Where the evidence is conflicting in an action on a policy of life insurance, whether or not the deceased was in good health at the time of the delivery of the policy, within the meaning of the terms of the policy, the case is for the jury to be determined by them under proper instructions from .the court.</p> <p>2. The term “good health” when used in a policy of life insurance means that the applicant has no grave, important or serious disease, and is free from any ailment that seriously affects the general soundness and healthfulness of the system. A mere temporary indisposition which does not tend to weaken, or undermine the constitution, at the time of taking membership, does not render the policy void.</p> <p>3. Where an insured answers questions set forth in the application in a vague and indefinite way, and not responsive to the questions, bub without affirmatively asserting anything false and untrue, and the company does not ask for more specific answers, and issues the policy to the applicant, the company cannot after the death of the insured avoid the policy because of the insufficient answers. The most that it can ask is to have a jury determine under proper instructions, whether or not the insured was guilty of a breach of the warranty contained in his application.</p>