Summary

Joseph McKenna Aetna Life Insurance Company v…

Has any proposal or application to insure your life been made to any company, association, or agent on which a policy of insurance is now pending? Or has any such proposal or application ever been made for which insurance has not been granted, or on which a policy or certificate of insurance was not issued in full amount, and of the same kind as applied for?
Source: Wikisource

Joseph McKenna Aetna Life Insurance Company v…

They embrace the propositions (1) that the application and its statements, warranties, and covenants became part of the contract of insurance, and that any variation from them whereby the nature, extent, or character of the risk was changed, would affect the policy, whether the statements were made by the applicant in good faith, not knowing they were untrue, or made wilfully of fraudulently.
Source: Wikisource

Joseph McKenna Aetna Life Insurance Company v…

Where an answer of the applicant to a direct question of the insurers purports to be a complete answer to the question, any substantial misstatement or omission in the answer avoids a policy issued on the faith of the application.'
The medical examiner, as we have seen, put down the answer 'No' to the question asked Salgue as to whether he had heart disease, after being informed by Salgue, that he, Salgue, had been told by physicians that his heart was affected. It appears from the evidence that the other answers of Salgue in his application were written down by the agent of the company
Source: Wikisource

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