Carroll v. Jackson National Life Insurance

Sanders, Chief Judge (concurring):

In the first place, I would state the issue differently or, at least, more elaborately. In my opinion, we are called upon to decide whether the insurance company must prove a causal connection between the misrepresentation by the deceased *496and his death or whether, on the other hand, the company must prove only that it would not have issued the policies if the deceased had not misrepresented the state of his health. It seems to me that the company should be required to prove only the latter, not the former.

Quite obviously, in deciding whether to issue a life…