United States Supreme Court Cases & Opinions

U.S. Supreme Court

Washington Fidelity National Insurance Co. v. Burton, 287 U.S. 97 (1932)

Washington Fidelity National Insurance Co. v. Burton

No. 22

Argued October 20, 1932

Decided November 7, 1932

287 U.S. 97

Syllabus

Section 657 of the Code of the District of Columbia, as amended, provides that each life insurance company doing business in the District shall deliver with each policy issued by it a copy of the application made by the insured, so that the whole contract may appear in the said application and policy, "in default of which no defense shall be allowed to such policy on account of anything contained in, or omitted from, such application." Held: that where the policy declared that it constituted the entire agreement, the fact that no application was delivered with it did not preclude a defense based upon a provision of the policy avoiding it if the insured was not in sound health at the time of issue. P. 287 U. S. 100.

56 F.2d 300 reversed.

Certiorari, 286 U.S. 536, to review the affirmance of a judgment in an action on a life insurance policy.

Page 287 U. S. 98