Author : National Reporter System
Publisher : Rarebooksclub.com
Page : 1024 pages
File Size : 12,85 MB
Release : 2013-09
Category :
ISBN : 9781230005690
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1919 edition. Excerpt: ...and the fact that it also provided indemnity for accidental Injuries not resulting in death does not take It out of the purview of the act. The defendant agreed to pay insurance on the lives of its policy holders, and the policy is not only within the express terms of the act, but such Insurance was manifestly within the contemplation of the Legislature which passed it. 2, 3 In view of the application of the act to such insurance were the misrepresentations of the insured material and fatal to a recovery by the plaintiff? In the appllcatiou of the Insured he warranted that the statements made were true, and agreed that, if any of those made in the schedule of warranties were untrue, the policy would be void. Item No. 7 of the application was. "I have no insurance in this company and no other health or accident insurance, nor have I any other application therefor pending except as herein stated. V" No exception followed this statement, but in the space left for the answer was the check mark indicated. The statement was untrue, in this, that he had applied for insurance in another health and accident company 16 days before the application herein was made. No certificate had been received by him from the other company at the time of the application to the defendant company, but a certificate was issued under the former application 6 days afterwards, and of that application and certificate the defendant had no notice until after the death of the insured. Item No. 9 was: "I have never received indemnity for accident or illness except as herein stated. V" No exception was named, but following the statement was the V-shaped cheek mark. He had received an indemnity of $25 for a bruised knee about 10 years before that time from...