Progressive Life Insurance Company v. Dooley

Griffin 'Smith, Chief Justice.

Two policies of insurance — each for $500 — were written on the life of J ames P. Dooley October 19,1928. The Company denied liability because, as it contended, false answers were made to material questions when the applications were written, and these answers, under terms of the policy, were declared to be warranties. Premiums paid during the period involved amounted to $258.56. This sum was tendered and refused.

The Company issues non-medical policies: that is, it requires soliciting agents to ask the questions printed on the application form, and relies upon…