Provident Life Insurance v. Fennell

Citations

• 49 Ill. 180

Syllabus

<p>1. Insurance—against accidents. In an action on a policy of insurance, against death by accidents, the court refused to permit the defendant to give in evidence the application of the assured, showing, that at the time of the insurance, his occupation was that of a “ switchman,” and to prove in connection therewith, that the assured was killed while in the performance of the duties of a “ brakes-man.” Held, that this evidence was immaterial. That the mere representation by the assured, that he was a “ switchman,” did not amount to a contract that he would do no act not connected with such occupation, or that he would not engage in any different one.</p> <p>2. Same—policy must provide for the cases in which protection from liability is sought.' In such case the defendant cannot protect itself from liability, inasmuch as the policy was not against accidents occurring in the occupation of the assured, but against accidents generally and enumerated the particular cases in which the company could not be held liable, but did not provide that it would not be liable for death occurring from a cause not connected with the_ occupation of the assured, or that he should not change his occupation.</p> <p>3. Same—acknowledgment in policy of the receipt of the premium—cannot be controverted. Where a policy of insurance, acknowledges the receipt of the premium, proof that it had not been paid, will not be permitted.</p>