Rhodes v. Mutual Benefit Health & Accident Ass'n

1. In a suit upon a policy of health and accident insurance, where the defense was that the policy was avoided by reason of certain false statements as to matters of fact material to the risk, made by the insured in his application for the policy, evidence tending *729to show that the defendant’s agent, who solicited the policy, had actual knowledge, before its issuance, of the falsity of the alleged material statements, was admissible for the purpose of showing a waiver or estoppel by or of the insurance company; and this is true notwithstanding the policy contained the provisions that “no agent…