Citizens' Nat. Life Ins. v. Swords

Mississippi Supreme Court
Citizens' Nat. Life Ins. v. Swords, 109 Miss. 635 (Miss. 1915)
68 So. 920
Cook

Citizens' Nat. Life Ins. v. Swords

Opinion of the Court

Cook, J.,

delivered the opinion of the court.

This case will be affirmed. We think the argument for appellant fails to take into account the express *637terms of the contract. If the statements of the insured, when she applied for insurance, are to be deemed warranties, the arguments of appellant would be applicable. We find, however, this clause in the conditions of the policy, viz:

“This instrument contains the entire contract between the parties hereto, and all statements made by the insured shall, in the absence of fraud, be deemed representations and not warranties. ’ ’

There is'a well-recognized distinction between “representations” and “warranties.” A warranty must be literally true and its materiality cannot be the subject of inquiry. A representation needs only to be substantially true, and if it is not material to the risk, in the absence of fraud, its falsity will not invalidate the policy. Capital Fire Ins. Co. v. King, 82 Ark. 400, 102 S. W. 194; Fidelity & Deposit Co. v. Guthrie Nat’l Bk., 17 Okl. 397, 87 Pac. 300; Guthrie Nat’l Bk. v. Deposit Co. 14 Okl. 636, 79 Pac. 102.

By the condition referred to, in the absence of fraud, although the statements of the insured may not have been literally true, the contract will not be void. As we read the evidence, any imputation of bad faith is unwarranted.

It seems to us that a correct verdict was rendered by the jury. By the very terms of the policy the representations, in the absence of fraud, will not serve to defeat the claim of appellee. It is not shown that there was any fraud on the part of the insured.

Affirmed.

Reference

Full Case Name
Citizens' Nat. Life Ins. Co. v. Swords
Cited By
13 cases
Status
Published
Syllabus
1. Insurance. Avoidance. “Warranty.” Representations. There is a well recognized distinction between “representations” and “warranties.” A' warranty must be literally true and its materiality cannot be the subject of inquiry. A representation needs only to be substantially true, and if it is' not material to tbe risk, in tbe absence of fraud, its falsity will not invalidate tbe policy. 2. Insurance. Avoidance of policy. Statements of application. Representations. Under a clause in a life insurance policy providing that, “Tbis instrument contains tbe entire contract between tbe parties hereto, and all statements made by the insured shall in the absence of fraud, be deemed representations and not warranties” where tbe insured, in her application, made statements in regard to tbe family history of certain relatives and some touching on her own physical condition, but there was no fraudulent concealment of any material facts. Such statements did not avoid the contract.