INSURANCE-MISREPRESENTATION-FALSE ANSWERS INSERTED IN APPLICATION BY SOLICITING AGENT

Authors

Milton D. Solomon S.Ed., University of Michigan Law SchoolFollow

Abstract

The plaintiff brought this action against the defendant insurance company as beneficiary of a life insurance policy. The insured signed the application in blank and the soliciting agent inserted false answers to questions in the application concerning medical attendance and prior application for insurance. The application was inserted in and became a part of the policy. The policy was mailed by the defendant to the insured with a return post-card wherein it was stated that the statements on the application were correct and that the insured was in good health. The card was signed by the insured, witnessed by the plaintiff and returned to the defendant. The insured later died of a coronary disease. The trial court entered judgment for the plaintiff. Held, the insured, on reading the application when he received the policy, and failing to notify the defendant of the incorrect statements therein, was guilty of such fraud that the policy was not valid. Reversed. Williams v. Black Hills Benefit Life Association, (S. D. 1945) 19 N.W. (2d) 769.

Recommended Citation

Milton D. Solomon S.Ed., INSURANCE-MISREPRESENTATION-FALSE ANSWERS INSERTED IN APPLICATION BY SOLICITING AGENT, 44 Mich. L. Rev. 484 (1945).
Available at: https://repository.law.umich.edu/mlr/vol44/iss3/11