Fay v. Swicker

The theory upon which the courts below found for plaintiffs is that Zuercher, under Section 9586, General Code, was solely the agent of defendant,, and since Zuercher had full knowledge of the falsity of the statements in the application which Swicker signed and waigjjanted to be true, the knowledge of Zuercher became the knowledge of defendant, and as it issued its policy of insurance with that knowledge it cannot take advantage of any agreement or stipulation with reference to the warranty of the truth of the false answers in the application by Swicker.

Section 9586, General Code, reads as…