Aetna Life Insurance Company v. France
94 U.S. 561

Annotate this Case

U.S. Supreme Court

Aetna Life Insurance Company v. France, 94 U.S. 561 (1876)

Aetna Life Insurance Company v. France

94 U.S. 561

Syllabus

1. The relationship between a party and another for whose benefit he effects an insurance upon his life, if a good and valid consideration in law for any gift or grant, furnishes no ground for the imputation that the transaction was by way of cover for a wager policy.

2. A policy of insurance taken out by a man upon his life for the benefit of his sister, who has no insurable interest in his life beyond that of relationship, is not void, and it is immaterial what is the arrangement between them for the payment of the premiums.

3. Where, as in this case, the policy makes the declaration, the questions set forth in the proposal and the answers to them a part of the contract and declares that if they are found in any respect to be false and fraudulent,

it shall be void, the court below did not err in charging the jury that, where the answers were qualified by the statement of the applicant that they were as nearly correct as he could remember, the right to recover would not be defeated unless the jury were satisfied that the answers, or some of them, were untrue in any respect materially affecting the risk, and that the assured knew of their incorrectness.

The facts are stated in the opinion of the Court.

Page 94 U. S. 562

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