Knudson v. Grand Council of Northwestern Legion of Honor

Citations

• 7 S.D. 214
• 63 N.W. 911
• 1895 S.D. LEXIS 63

Syllabus

<p>1. Where, by the terms of a certificate of insurance, issued by a mutual benefit association, the application and medical examination are made a part of the contract, and in such application it is stipulated that the statements made therein and answers made to the medical examiner are to be deemed warranties, untrue statements in such application and untrue answers made to the medical examiner in answer to questions propounded constitute a breach of warranty, and avoid the contract.</p> <p>2. Conversations with, or statements made by a soliciting agent of a mutual benevolent association prior to or at the time of an application for the issuance of an insurance certificate, in the absence of proof of fraud, are inadmissible to contradict or vary the terms of the written contract between the parties.</p> <p>3. The provisions of section 24, c. 51, Laws 1890, do not apply to mutual benevolent associations, but are only applicable in certain cases to life insurance companies specified in the first 31 sections of the chapter.</p> <p>(Syllabus by the Court.</p>