Shinn v. National Travelers Benefit Ass'n

The opinion of the court was delivered by

West, J.:

The plaintiff recovered a judgment on an accident policy and the defendant appeals. The application began as follows:,

“I hereby make application for membership in the Association, basing my application upon the following representation of facts, all of which I hereby certify to be true, complete and material to the risk. I agree that any statement made by me to the agent or solicitor of this application shall not bind the Association unless written hereon.”

The defendant contends that the parties, by agreement, stipulated that the statements…