Eagleton v. Prudential Insurance Co. of America

Appellate Court of Illinois March 9, 1915

Eagleton v. Prudential Insurance Co. of America, 193 Ill. App. 306 (1915)

Niehaus

Opinion of the Court

Mr. Justice Niehaus

delivered the opinion of the court.

3. Insurance, § 329*-—when extent of insured’s physical unsoundness not material. Where, at the time of issuing a policy of life insurance, an insurer has notice of the physical unsoundness of the assured, the extent thereof is not material as affecting the waiver by the insured of a condition of the policy limiting its liability to a return of the premiums received if the insured was not in good health at the date of the policy. 4. Insurance, § 329*—when condition, as to health of insured deemed waived. An insurer may by its conduct waive a condition of a policy of life insurance limiting its liability to a return of the premiums received if, at the date of the policy, the insured was not in good health.

Reference

Full Case Name: L. O. Eagleton, Administrator v. Prudential Insurance Company of America
Cited By: 2 cases
Status: Published