Prudential Ins. v. Gilligan

Citations

• 18 Ohio C.C. Dec. 609
• 7 Ohio C.C. (n.s.) 397
• 1905 Ohio Misc. LEXIS 477

Syllabus

<p>INSURANCE — ESTOPPEL.</p> <p>Jelke, Swing and Giffen, JJ.</p> <p>1. Application op Rev. Stat. 3623 (Lan. 5776) to Renewal op Policy op Lipe Insurance.</p> <p>The requirement of Rev. Stat. 3623 (Lan. 5776), that life insurance companies return a copy of the application for a policy of life insurance, contemplates more than one application in connection with one policy of life insurance, and the statute applies to the application for a renewal, and a copy of such application must he returned to the applicant if the company would avail itself of false statements in the application.</p> <p>2. Acceptance op Premiums as an Estoppel port Defects in Application por Renewal op Policy.</p> <p>Premiums having been accepted by a life insurance company for three years after the application for renewal and reissue of the policy without return of the application as containing false statements, the company is, under Rev. Stat. 3626 (Lan. 5779), providing that receipt of three annual premiums estops ail defenses by reason of errors or misstatements in the application, estopped from denying the validity of the policy because of such statements.</p> <p>[Syllabus approved by the court.]</p>