Quinn v. Mutual Life Insurance Co. of New York

Citations

• 91 Wash. 543
• 158 P. 82
• 1916 Wash. LEXIS 1086

Syllabus

<p>Insueance — Avoidance of Policy foe Misbepbesentation. A legal presumption of implied deceit arises, within 3 Rem. & Bal. Code, § 6059-34, providing that no misrepresentation or warranty made in the negotiation of a contract or policy of insurance shall he deemed material or defeat the policy, unless it is made “with intent to deceive,” where an applicant for a life insurance policy, as an inducement to its issuance, stated in his application that he had had no disease since childhood, that he was in good health,-and had not consulted a physician in the last five years, when in fact he was suffering from syphilis, and had received medical treatment therefor from a physician less than a month prior to the date of his application for a policy.</p> <p>Insueance — Estoppel to Avoid Policy — Knowledge of Agent. Where, previous to taking out a policy of life insurance, the applicant told the authorized agent of the insurance company that he was afflicted with some ailment, for which he had been treated by a doctor, hut the nature of which was not disclosed, to which the agent replied that the applicant did not appear to have anything the matter with him, the agent was without such knowledge of the exact nature or condition of the applicant’s health as was sufficient to impute knowledge to the company, estopping it from questioning the validity of the policy.</p>