Rinker v. Ætna Life Insurance

Citations

• 214 Pa. 608
• 64 A. 82
• 1906 Pa. LEXIS 707

Syllabus

<p>Insurance — Life insurance — Application—Truth of answers.</p> <p>In an action upon a policy of life insurance it appeared that the application signed by the insured contained an answer of “no” to a question as to whether the insured ever had a severe surgical operation. The application contained a warranty of the truth of the answers, and further provided that “no statement or declaration made to any agent, examiner or other person, and not contained in this application, shall be taken or considered as having been made to or brought to the notice or knowledge of said company, or as charging it with any liability by reason, thereof.” At the trial it appeared that the insured had prior to the date of the policy undergone a severe surgical operation. The plaintiff offered to show that at the time the insured made the application the agent filled out the answers, and asked the applicant to sign the paper which she did without reading, and that the ■witness heard the applicant state to the agent that she had undergone an operation. Held, that the court committed no error in overruling the offer.</p>