Succession of Holmes v. Continental Casualty Co.

Citations

• 11 Teiss. 291
• 1914 La. App. LEXIS 79

Syllabus

<p>Syllabus.</p> <p>Every answer in an application for insurance which is made part of the policy, and every statement of fact forming the basis of it, and are declared to be warranties, become such, and the truth of them is a condition precedent to the validity of the policy, whether they are material or not.</p> <p>Any statement of fact within the knowledge of the applicant calculated- to influence the insurer to accept the risk is a material representation the falsity of which avoids the policy.</p> <p>When the applicant for insurance was asked what relation the beneficiary bore to him, and he -answered ' ‘ wife, ’ ’ while the truth was that she was his concubine; and when th# testimony shows that the insurer would not have issued a policy in favor of a concubine, the policy is null.</p>