Aetna Life Insurance Co. v. France,
Annotate this Case
91 U.S. 510 (1875)
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U.S. Supreme Court
Aetna Life Insurance Co. v. France, 91 U.S. 510 (1875)
Aetna Life Insurance Co. v. France
91 U.S. 510
1. where a party, in order to effect an insurance upon his life, agreed that if the proposal, answers, and declaration made by him -- which he declared to be true and which were made part and parcel of the policy, the basis of the contract, and upon the faith of which the agreement was entered into -- should be found in any respect untrue or fraudulent, then and in such case the policy should be null and void, held that the company was not liable if the statements made by the insured were not true.
2. The agreement of the parties that the statements were absolutely true, and that their falsity in any respect should void the policy removes the question of their materiality from the consideration of the court or jury.