Digest of the American and English Annotated Cases, Volumes 1-20; With Full Index to the Notes and a Table of Cases

Digest of the American and English Annotated Cases, Volumes 1-20; With Full Index to the Notes and a Table of Cases

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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. 1912 edition. Excerpt: ...to representations only. In such stipulation the use of the word "warranty" is not to be taken as creating a warranty in law. Reppond v. National Life Ins. Co. (Tex.)_. 15-618. A statement made by the assured as to health in order to obtain 'a revival of a life insurance policy held to be a representation and not a warranty. /Etna Life Ins. Co. U. Rehlander (Neb.), 4--25l. Breach of warranty whore answers not responsive.--Although a. policy of life insurance refers to and makes the application a part of the policy, yet only such statements as are made strictly in answer to the inquiries contained in the application can be regarded as warranties, and if the insurance company accepts an answer which is not responsive to a question contained in the application, and issues the policy, it cannot afterwards set up a breach of warranty upon that point as a defense tn an action on the policy. Peterson v. Manhattan Life Ins. Co. (Ill.), 18-96. Breach of warranty in answer to question calling for opinion.--An in. correct answer in an application for life insurance or in a statement made to a medical examiner for the insurer is a false warranty and avoids a policy issued to the applicant, though the question calls for an opinion and an answer is honestly made in the belief that it is true. Schofield v. Metropolitan Life Ins. Co. (Vt.), 8-1152. Eilect of false warranty.--Where, by express agreement of the parties. the statements contained in an application for a benefit certificate in a beneficial association are made warranties on the part of the appli cant, and the literal truth of each and every statement therein is made a necessary prerequisite to any liability on the part of the association, proof that one or more of the...show more

Product details

  • Paperback | 1170 pages
  • 189 x 246 x 58mm | 2,037g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236844912
  • 9781236844910