Author : Wisconsin. Attorney 's Dept
Release : 2013-09
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Kind : eBook
Book Rating : 553/5 ( reviews)
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Book Synopsis Biennial Report of the Attorney General of the State of Wisconsin for the Biennial Period Ending June 30, - by : Wisconsin. Attorney 's Dept
Download or read book Biennial Report of the Attorney General of the State of Wisconsin for the Biennial Period Ending June 30, - written by Wisconsin. Attorney 's Dept. This book was released on 2013-09. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 edition. Excerpt: ...time it shall become incontestiblo. the iusm'an'e coulpaily shall he barred from setting up any (lutense of 'lll('ll it can avail itself, except. wctual pt-rsonal fraud in the procnrr-ulout. of the policy. During the time that the policy shall he in effect, tliiriiig the specified time mentioned, the insurance company has abund ant time within which it can look into all matters stated in the application for insurance and relating to the health of the insured, his habits of living, his ability to pay, etc., and, if tho company secs tit not to discontinue the policy, and it docs not contest it during that time, then, after the policy has been in effect a certain specified time, the company shall be precluded from defending on the ground that such representations are false; it is within the power of the company to find out all matters it wishes and not doing so is the fault of the company, and it seems reasonable that the company should suffer for being negligent." Wood v. Dwarris, 11 Exch. 493. ln Crane v. Ins. Co., S. Vi'. Rep. 1063 (Tex), those principles are deduced: "1. There cannot be any absolutely incontcstible poli cits of lifo insurance. 2. Incontestibility clauses simplify 1' e contract of insurance. 3. That the insurance company has the right to waive certain defenses except fraud. 4. That such provision in insurance policies is construed 111 favor of the benefit of the insured." I have been unable to find any ='isconsin case bearing di1'ertl_v upon this question, except the case of Patterson ct al. v. the Nzit.1ral Preiniuin Mutual Life Ins. Co., 100 Vis. 118. ln this case the insurance company get. up the defense of fraud. The court found that there was no evidence of fraud to go to the jury...
