Jefferson Standard Life Insurance v. Fendley

This,was a suit on a life-insurance policy. The insurance company sought to defeat a recovery on the ground that material misrepresentations affecting the risk were made in the application for the policy. The court charged the jury, in effect, that if false answers were made to the questions in the application for insurance, before they would avoid the policy and preclude a recovery they would have to be fraudulently made as well as material to the risk. Such a charge was error. The application was a part of the policy; and the answers to the questions being untrue and not amounting to a mere…