Illinois Life Ins. v. De Lang
Court of Appeals of Kentucky
CASE 73. — ACTION BY FELI ‘ DE LANG AGAINST THE ILLINOIS LIFE INSURANCE COMPANY TO RECOVER ON A POLICY ON THE LIFE OF HIS DECEASED SON. Appeal from Jefferson Circuit Court (C. P. Branch, Second Division). Thomas R. Gordon, Judge. Judgment for plaintiff. Defendant appeals.
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CASE 73. — ACTION BY FELI ‘ DE LANG AGAINST THE ILLINOIS LIFE INSURANCE COMPANY TO RECOVER ON A POLICY ON THE LIFE OF HIS DECEASED SON. Appeal from Jefferson Circuit Court (C. P. Branch, Second Division). Thomas R. Gordon, Judge. Judgment for plaintiff. Defendant appeals. POINTS AND AUTHORITIES. 1. Misrepresentations are material if the fact concealed increases the risk, i. e., if the prudent underwriter would have refused to make the contract at the same premium, if he had known the truth. (Provident Savings v. -Whayne, 29 Ky. Law Rep., 160 to 165.- 2. The question for the jury is, “what…
1Opinion of the Court
Opinion op the Court by
Judge Hobson
Eeversing.
On November 16, 1903, Louis C. De Lang applied to the Illinois Life Insurance Company for a policy of insurance on Ms life in the sura of $2,000, payable to his father, Felix Y. De Lang. The application was accepted, and the policy issued on November 28, 1903, the first premium being then paid. The insured died on October 22, 1904, and, the company having declined to pay the amount of the policy, this action was instituted by Felix Y. De Lang to recover on it. The company defended upon the ground that certain.statements of the insured in his…
2Cases cited1 opinion
- Provident Savings Life Assur. So. v. Whayne's Admr.Court of Appeals of Kentucky · 1906
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