Keen v. Mutual Life Ins.

Citations

• 131 F. 559
• 1904 U.S. App. LEXIS 4928

Syllabus

<p>1. Insurance — Action on Policy — Affidavit of Defense — Documents—Copies.</p> <p>Where, in an action on a policy of life insurance, the affidavit of defense charged false answers and representations in the application for the policy and in certain letters written between the parties, but failed to contain a copy of such application and letters, it was insufficient.</p> <p>2. Same — Provisional Policy — Rejection of Risk — Notice.</p> <p>Where a provisional certificate of insurance for 90 days provided that, if the officers of defendant company should not agree to continue the insurance during said 90 days, they might terminate it any time prior to the expiration of that term, and in such case the provisional policy should be null and void; but that, if the application for insurance was accepted by defendant’s officers, a permanent iioliey should he made out and delivered to the insured as soon as may be, and the amount paid for the provisional policy credited on the first year’s premium on the permanent policy, and defendant gave no notice to insured within the 90 days that it elected to terminate the insurance, and took no steps to return the premium paid for the provisional policy, at the end of that period insured was entitled to assume that his permanent policy took effect, and was in force at his death shortly thereafter.</p> <p>¶ 1. See Insurance, vol. 28, Cent. Dig. § 16H.</p>