Jackson National Life Insurance v. Receconi

OPINION

MONTGOMERY, Justice.

Decision of this appeal turns primarily on whether an express condition precedent in an application for a life insurance policy was waived by the insurance company through its soliciting agent. The condition required that the health of the insured remain as represented in the insured’s application, which it did not; and the agent, with knowledge of the insured’s deteriorated health, requested the first premium payment and forwarded it to the company, which thereafter retained it for several months. We hold that on these facts the conduct of the agent was…