Palmquist

The Standard Accident Insurance Company, of Detroit, Mich., in consideration of the representations contained in his application, insured Eric Palmquist against loss resulting from bodily injury caused by accidental means. The application was made a part of the policy, and the latter provided that it contained the entire contract and that no agent had authority to change it or waive any of its provisions. In the application the question is asked: “Have you ever had, or are you now subject to, or * * * affected by * * * gastric ulcer? * * * ” To this the insured answered, “No,” attaching his signature to the application.

The application contained another question: “Do you understand and agree that the falsity of any statement in this application shall bar the right to recovery if such false statement is made with the intent to deceive or materially affects either the acceptance of the risk or the hazard assumed by the company?” This question is unanswered by the insured. Since this question merely called attention of the insured to the statutory law of California on the subject later referred to, the omission of an answer by the insured seems in no way to affect the ease.

While…