Kincaid v. Equitable Life Assurance Society of the United States

Hatcher, Judge:

This action involves the effect on a life and disability insur- anee policy of untrue health statements in the application for the policy. The plaintiff is the holder of such a policy, and recovered a judgment thereon against the defendant.

The plaintiff is a farmer. He was solicited in June, 1931, to make application for the policy by Page Morrison and T. B. McQuain. Morrison was “insurance salesman” and “soliciting agent” of defendant. He also was a district supervisor in charge of defendant’s local agents. (His district comprised all of West Virginia and parts of three other…