Mumaw v. Western & Southern Life Insurance

Citations

• 97 Ohio St. (N.S.) 1

Syllabus

<p>Insurance — Construction favoring insured — Intent of contract — . Conditions precedent — Burden of proof — Health of insured— ■ Interpretation of contracts.</p> <p>I. Policies of insurance which are prepared by the insurance company and which are reasonably open to different interpretations will be construed most favorably to the insured. Courts will o;f •fiavcscrin mind the relation of the parties to each other. They will give the language of the contract the meaning on which -the minds of the parties may be said ;to have met and which will effectuate their object in entering into it.</p> <p>2. Whether a provision in a contract constitutes a condition precedent or a warranty of a fact vital to the contract is a question of intent; and the intention will be ascertained by considering the language not only of the particular provision, but of the whole contract and its subject-matter.</p> <p>3. In an action on a policy of life insurance which contains the following provisions, “But this contract shall not be in force unless the first weekly premium has been paid, and the insured is alive and in sound health upon the date hereof, meaning thereby and referring solely to the state of health of the insured at the date of the delivery of this policy, and not to any changes which may have taken place in the health of the insured, between said date and any previous date; and shall also be void -if the insured before its date, has been rejected for insurance by this or any other company, or has been attended by a physician for, or has had before said date any tubercular disease or consumption, or chronic bronchitis, or cancer, or epilepsy, or disease of the brain, heart, liver or kidneys and the evidence or testimony of any physician to, or medical adviser of, the insured as to such diseases or complaints shall be admissible,” the breach of such provisions is matter of defense. The burden of proving the breach is upon the defendant.</p>