Webb v. Security Mut. Life Ins.

Citations

• 126 F. 635
• 61 C.C.A. 383
• 1903 U.S. App. LEXIS 4352

Syllabus

<p>1. Life Insurance — Avoidance for Breach of Warranty — Misstatement in Application.</p> <p>An application to defendant for life insurance was made a part of the policy, and provided that all the statements therein made should be deemed material, and that the policy should be void if any statement was not full and complete or was untrue. A question as to whether any application to insure his life had ever been made to any other company on which a policy had not issued was answered by the applicant in the negative.' In fact, some five months previously he had signed two of the divisional parts of an application to another company, and had delivered them to the local agent and medical examiner, and had been partially examined by the latter. Subsequently he declined to complete the examination on the ground that he had been misinformed as to the character of the policy. The parts of the application signed were thereafter forwarded to the company, and the application was formally rejected, of which fact he was notified. Held, that his failure to disclose such facts in his application to defendant avoided the policy, and that the fact was immaterial that the prior application was conditional, and was not to become operative or be sent to the company unless upon examination he approved the form of policy.</p>