Farrar

Farrar v. Policy Holders Life Insurance Association

Good Law
1934 Cal. App. LEXIS 1121·3 Cal. App. 2d 87·39 P.2d 229
Court of Appeal of CaliforniaDecember 14, 1934Civ. 1507California3,281 words

Opinion

Opinion

Marks, J.

Plaintiff is the widow of Joseph Carter Farrar who died on January 30, 1933. He carried an insurance policy on his life, dated February 20, 1929. It was issued by defendant with plaintiff named as beneficiary. She furnished the necessary proofs of death but payment was refused because of statements made in the application for the insurance which defendant maintained were false, and knowingly and fraudulently made by deceased.

The defendant did not require any physical examination of its policy holders, the insurance being issued upon the statements made in the application signed by the insured.

In the application made by deceased we find the following: “From what illness have you suffered in the past two years? None. Are you now in good health? Yes. . . . Have you knowledge that any physical or mental disease exists in your system? No. ... I am of the Caucasian race, in good health, and so far as I know have no disease or other conditions which would prevent me from obtaining life insurance. I agree to the terms, conditions and provisions of the Certificate of Membership, that this application becomes a part of such Certificate and that any false statement, misrepresentation or…

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