Prudential Ins. Co. v. Moore
231 U.S. 560 (1913)

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U.S. Supreme Court

Prudential Ins. Co. v. Moore, 231 U.S. 560 (1913)

Prudential Insurance Company v. Moore

No. 47

Argued November 6, 1913

Decided December 22, 1913

231 U.S. 560

Syllabus

Aetna Insurance Co. v. Moore, ante, p. 231 U. S. 543, followed to effect that it was error not to charge the jury that a statement made by an applicant for life insurance that he had never been rejected by any company, association, or agent after he had withdrawn an application on the advice of the medical adviser with knowledge that the company for whom the examination was made would reject him, is material and untruthful.

Where the policy itself expressly provides that it cannot be varied by anyone except an officer of the company issuing it, the company is

Page 231 U. S. 561

not estopped to contest the policy on the ground of misrepresentation or concealment in the application because its agent has knowledge of actual conditions.

The facts, which involve the validity of a verdict and judgment on a policy of life insurance, are stated in the opinion.

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