All American Life & Casualty Co. v. Saunders

Plaintiff obtained a verdict in the court below, but the majority reverses with direction that a judgment be entered for the defendant. This holding is based upon plaintiff’s misrepresentations to the insurance company respecting the condition of his health and hospitalizations. The majority holds that "the insurer need only show the representation was false and that it was material in that it changed the nature, extent or character of the risk.”

The insurer, in order to avoid the policy, must not only show that the representation was false and that it was material and changed the nature of…