ABSTRACT
The doctrine relating to concealments, on effecting life insurances, is of considerable importance to the profession. In a late case it was contended by the defendant’s counsel, that the party whose life was insured was the general agent of the assured, and that the latter was responsible for all the acts of such party connected with the insurance; but Lord Denman, C.J., 1 laid down the rule to be, that the assured “is to answer all questions put to him, and if he answers them falsely, that will vitiate the policy. Or even if, without being distinctly interrogated as to his habits, the jury thought that he was aware of them, and knowing their importance, studiously concealed them from the insurers, in that case his lordship advised them to find the issue on the sixth plea for the defendant. But the mere non-communication of his habits of life, by the party whose life was insured, would not in itself vitiate the insurance, even though those habits were, in the opinion of the jury, such as tended to shorten life.” Rawlins v. Desborough, 2 (1 Moo. & Rob. 329) The following note to this case is worthy of attention.
