Logan v. New York Life Insurance

Citations

• 107 Wash. 253
• 181 P. 906
• 1919 Wash. LEXIS 759

Syllabus

<p>Insurance (34) —Life Policy — Validity — Delivery While in Good Health. Where insured died nine days after delivery of a policy, which from the undisputed testimony of experts was from a disease (tumor of the brain) which had existed for months and from which he was ailing at the time of delivery, it conclusively appears that the policy was not delivered to the insured in his lifetime in good health, as required by the policy in order that it take effect.</p> <p>Same (34) —Delivery While in Good Health — Warranties. A policy providing it shall not take effect unless delivered to the insured in his lifetime in good health is not governed by Rem. Code, §§ 6059-34 and 6059-184, relating to the effect of oral or written misrepresentations or warranties or statements made in the negotiations or by the insured; since the condition is not a warranty or statement within these statutes.</p> <p>Same (34, 176)—Delivery While in Good Health—Burden oe Proof. When the policy has been delivered and the first premium paid, the burden of proof is upon the insurance company to show that the policy was delivered while the insured was not in good health, and for that reason did not become effective.</p> <p>Parker, Holcomb, Fullerton, and Tolman, JJ., dissent.</p>