Mut. Ben. Life Ins. Co. of NJ v. Chisholm

I agree that Mutual Benefit did not ask the proper questions to elicit information concerning Mr, *309Long’s drinking habits. That circumstance, together with Mutual Benefit’s own testimony that the injuries sustained in the automobile accident were not of underwriting concern, leads me to concur in the result reached in this case.

My misgiving arises from the confusion which appears to surround the restated rule that once an insurer gives a reason for its conduct and decision, it cannot, after litigation has begun, change its ground and put its conduct upon another and different consideration.…