Metropolitan Life Insurance v. Brubaker

Citations

• 78 Kan. 146
• 96 P. 62
• 1908 Kan. LEXIS 24

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Life-insurance — Warranties by the Applicant. If an applicant for life-insurance warrant the truthfulness of his answer to the question, “Have you consulted any other physician?” and agree that the policy issued in consideration of the warranty shall be void if the answer be false, the liability of the insurer depends upon the truthfulness of the answer.</p> <p>2. - Same. An applicant for life-insurance who from motives of his own has sought and obtained a professional interview with a physician regarding the state of his health can not truthfully answer the question referred to in the negative merely because the interview concerned some temporary ailment or indisposition slight in character and not seriously affecting health. The fact of a consultation with a physician does not depend upon the gravity of the subject of the interview.</p> <p>3. - Warranties by a Minor — Disaffirmance by a Beneficiary. The beneficiary of a life-insurance policy based upon a warranty of the character described can not disaffirm the warranty on the ground that the applicant was a minor and still enforce the policy.</p> <p>4. Evidence — Privileged Communications — Waiver. An applicant for life-insurance may make a valid contract with the insurer waiving the privilege afforded him by section '323 of the code of civil procedure, which renders a physician incompetent to testify to professional communications from his patient and knowledge of his patient obtained in a professional way.</p>