The application for a non-medical-examination insurance policy, and the policy itself, contained the provision that the policy should not take effect if the insured should die before the date thereof or if, on such date, the insured should not be in sound health. At the time of delivery of the policy the insured was actually suffering from high blood pressure or heart disease, although this condition was unknown to him. A statute provided that the statements made in the application as to the physical condition of the insured should be valid and binding upon the insurance company "unless wilfully false or intentionally misleading." Held, the evidence did not show that the insured's statements were wilfully false or intentionally misleading and the insurer cannot avoid the statute by the insertion of a condition precedent. Schmidt v. Prudential Ins. Co., (Minn. 1933) 251 N. W. 683.
INSURANCE - CONDITIONS PRECEDENT TO EXISTENCE OF CONTRACT,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol32/iss6/11