Smith v. Benefit Assn. of Railway Employees

Action to recover upon an accident and illness income policy of insurance issued by the defendant to the plaintiff. There was judgment for the plaintiff. Defendant appeals.

When the insured truthfully states the facts relative to his condition of health and the presence or absence of disease and as to the attendance of a physician, and the general manager of the insurer, soliciting the insurance, writes his answers incorrectly in the application, and the insured is without knowledge that the an-Swers are incorrectly written and is not at fault in not knowing, he may recover upon the policy…