Supreme Lodge Knights & Ladies of Honor v. Kopittke

Citations

• 33 Ohio C.C. Dec. 366
• 21 Ohio C.C. (n.s.) 374
• 1906 Ohio Misc. LEXIS 339

Syllabus

<p>INSURANCE</p> <p>In Mutual Benefit Insurance False Warranties in Application Whether Material or Immaterial Voids Policy.</p> <p>When a party in order to effect insurance upon his life, states that the answers and declarations made by him in his application to participate in a benefit fund of a fraternal society and in his medical examination are true, and agrees that they are to he treated as warranties and made a part and parcel of the contract and that if untrue the policy shall be void; Held: That the society is not liable if any of the statements are untrue and that the agreement of the parties removes the question of the materiality of the warranties from the consideration of the jury.</p>