Mowry v. World Mutual Life Insurance

Citations

• 7 Daly 321

Syllabus

<p>A recognition and ratification by an insurance company of the acts of one who solicits for it a risk and fills up an application for insurance, establishes his relation as agent of the company, in respect to such acts, and any errors or omissions of the agent in the coarse of such acts are the errors and omissions of the company.</p> <p>Where the answer of the insured to the question, in the application fora policy, ■“ Occupation ? Please state definitely,” was “ Manf’g,”—Held, that a breach of warranty was not shown by proof that the insured, at the time the answer was given, was keeping a billiard saloon, though he had for years previous been a manufacturer of soda water, and was about to resume that business.</p> <p>■ Where the assertions of the insured in 1ns application fora policy were, that he had • not, during the last ten years, had any sickness or disease, and had not employed or consulted a physician for himself:—Held, that a breach of warranty was not shown by proof that within a year previous to the application a physician had given the insured advice and medicine, it not appearing whether either the advice or medicine were for the insured personally or for his family. * •</p> <p>_ Where a breach of warranty is relied upon by an insurance company as ground for • forfeiting the policy, the warranty is to be strictly construed against the company.</p>