Phoenix Life Ins. Co. v. Raddin

Citations

• 120 U.S. 183
• 7 S. Ct. 500
• 30 L. Ed. 644
• 1887 U.S. LEXIS 1959

Syllabus

<p>Answers to questions propounded by insurers in an application for life insurance, unless they are clearly shown by the form of the contract to have been intended by both parties to be warranties, to be strictly complied with, are to be construed as representations, as to which substantial truth in everything’ material to the risk is all that is required of the applicant.</p> <p>Where upon the face of an application for life insurance, a direct question of the insurers appears to be not answered at all, or to be imperfectly answered; the issue of the policy without further inquiry is a waiver of the want or imperfection of the answer, and renders the omission to answer more fully immaterial.</p> <p>A policy of life insurance stated that it was issued and accepted by the assured upon certain express conditions, one of which was that “ if any of tlie declarations or statements made in the application for this policy, upon the faith of which this policy is issued, shall be found in any respect untrue, this policy shall be null and void.” The application contained a number of printed questions “ to be answered by the person whose life is proposed to be insured,’1 and “ declared that tire above are fair and true answers to the foregoing- questions,” and that it was agreed by the applicant “ that this application shall form the basis of the contract for insurance,” “ and that any untrue or fraudulent answers, or any suppression of facts,” should avoid tliepolicy. One of those questions was: “Has any application been made to this or any other company for assurance on the life of the party ? If so, with what result'? What amounts are now-assured on the life of the party, and in what companies?” ' To' this question the applicant answered, “ $10,000, Equitable Life Assurance Society.” A policy of that society was in fact the only other existing insurance. Held, that the answers were not warranties, but representations ; and that the issue of a policy, without further inquir