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INSURANCE

LAW JOURNAL..

REPORTS OF DECISIONS

RENDERED IN INSURANCE CASES IN THE FEDERAL COURTS,

AND IN THE STATE SUPREME COURTS.

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178

JAN 6 1909

THE

INSURANCE LAW JOURNAL.

VOLUME XXXVII. 1908. [NEW SERIES, VOLUME 17.]

REPORTS OF DECISIONS

RENDERED IN INSURANCE CASES IN THE FEDERAL COURTS, AND IN THE STATE SUPREME COURTS.

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The application stipulated that the answers were true, and were the basis of the contract, and if false the policy should be void; that only the officers had authority to determine whether the policy should issue, and no statements of the soliciting agent should be binding unless presented in writing to the officers. The applicant falsely stated that he has never had paralysis, while the agent had knowledge to the contrary.

Heid, That knowledge by the company would be a waiver of the misstatement, but such knowledge of the soliciting agent, when not communicated to the company, was not knowledge of the latter. The agent had no authority to waive the misrepresentation.

Held, That the issue of a policy under such conditions was not a waiver of the misrepresentation.

In Bank. Appeal from Superior Court, Los Angeles County. Action by Annie P. Iverson against the Metropolitan Life Insurance Company. From a judgment for defendant, plaintiff appeals.

PORTER, SUTTON & CRUICKSHANK, for Appellant.
SEWARD A. SIMONS, for Respondent.

* Decision rendered, Aug. 20, 1907.

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