Domocaris v. Metropolitan Life Insurance

The exceptions to the denial of the defendant’s motions for a nonsuit and a directed verdict, and to the charge, present the same question. The evidence fully warranted the finding of the jury that the plaintiff and the assured correctly stated the true facts to the agent, and that he wrote false answers in the application and falsely interpreted to the medical examiner. The question, therefore, for consideration is whether the defendant under such circumstances is liable.

Section 1, chapter 109, of the Laws of 1907 provides that “Any person who shall solicit an application for insurance upon…