The Employers' Liability Assurance Corp. v. Anderson

Citations

• 5 Kan. App. 18
• 47 P. 331
• 1896 Kan. App. LEXIS 286

Syllabus

<p>1. Libe Insurance, — Misstatements in Prooe— not conclusive unless reliance upon, has prejudiced insurer’s defense. While it has been held that misstatements in proofs of death are conclusive of the facts therein contained as against the claimant, unless before the trial the insurer has been furnished with a corrected statement, the strictness of this rule has been relaxed so that it now only applies where the insurer has been prejudiced in his defense by relying on the statements contained in the proof.</p> <p>2. -action not barred by misstatements in proof of death. And while the disclosure in a proof of facts of which a defendant might avail himself as a defense to the action, might suggest to the company the propriety of refusing payment, it would be no bar to the bringing of a suit.</p> <p>3. -unless causative connection with injury shown, violation of clause against exposure to unnecessary danger not a defense. It is not enough, to defeat liability under a clause in an insurance policy “that this policy does not cover death occasioned directly or indirectly by voluntary exposure to unnecessary danger,” to show that the insured had violated the conditions of the policy with respect to some sort of unnecessary danger; but it must also be shown that such violation had a causative connection with the injury.</p>