New York Life Ins. v. Moats

Citations

• 207 F. 481
• 125 C.C.A. 143
• 1913 U.S. App. LEXIS 1638

Syllabus

<p>1. Insurance (§ 256*)—Avoidance for Misrepresentation-i-Health of Insured—Effect of Medical Examination.</p> <p>Where the medical examiner of an insurance company was required to examine an applicant to see if he was suffering from certain named diseases, and also to report very fully to the company all matters observed by him, so as to give the home office a pen picture of the applicant as he presented himself to the examiner, the risk was determined by the company mainly upon such examination, and not upon the answers made by the applicant to the medical examiner as to his physical condition.</p> <p>[Ed. Note.—For other cases, see Insurance, Cent. Dig. §§ 540, 549; Dee. Dig. § 256.*]</p> <p>2. Insurance (§ 668*)—Actions on Policies—Sufficiency of Evidence— Misrepresentations as to Health.</p> <p>In an action on a life insurance policy, evidence held not to show by uncontradicted testimony that the insured knowingly made false and fraudulent answers to the medical examiner, and therefore to require the submission of that question to the jury.</p> <p>[Ed. Note.—For other cases, see Insurance, Cent. Dig. §§ 1556, 1732-1770; Dee. Dig. § 668.*]</p> <p>3. Insurance (<i 265*)—Avoidance of Policy—Distinction Between Warranty ax Representation.</p> <p>Answers to questions concerning previous diseases of an applicant for insurance were under the facts of this case representations and not warranties, and nothing more is required of him than that he answer in good faith.</p> <p>[Ed. Note.—For other cases, see Insurance, Cent. Dig. § 560; Dee. Dig. § 265.*]</p> <p>4. Insurance (§ 668*) — Actions on Policies — Sufficiency of Evidence — Misrepresentations as to Medical Attendance.</p> <p>in an action upon a life insurance policy, evidence held to raise a question for the jury whether representations by insured in his application that he had consulted a physician concerning himself only once in five years were false.</p> <p>[Ed. Note.—For other cases, see Insurance, Cent. Dig.