Piedmont & Arlington Life Insurance Company v. Ewing - 92 U.S. 377 (1875)
U.S. Supreme Court
Piedmont & Arlington Life Insurance Company v. Ewing, 92 U.S. 377 (1875)
Piedmont & Arlington Life Insurance Company v. Ewing
92 U.S. 377
1. Where, in an action against a life insurance company brought by an administrator on a policy purporting to insure the life of the intestate, one of the defenses set up was that the answers of the latter to certain questions propounded to him at the time of his application touching his habits of life, &c., were untrue, the burden of proving the truth of such answers does not rest on the plaintiff
2. While negotiations were still pending between an agent of the company and the applicant touching the precise terms of a contract of insurance, the amount of premium, and the mode of payment, a friend paid the premium but concealed from the agent the condition of the applicant, who was then in extremis and died in a few hours. The agent, in ignorance of the facts, delivered the policy. Held that no valid contract arose from the transaction.