Kerpchak v. John Hancock Mut. Life Ins. Co., No. 105.
| Court | United States State Supreme Court (New Jersey) |
| Writing for the Court | TRENCHARD, J. |
| Citation | 117 A. 836 |
| Parties | KERPCHAK v. JOHN HANCOCK MUT. LIFE INS. CO. |
| Decision Date | 19 June 1922 |
| Docket Number | No. 105. |
KERPCHAK
v.
JOHN HANCOCK MUT. LIFE INS. CO.
No. 105.
Court of Errors and Appeals of New Jersey.
June 19, 1922.
Minturn, Black, and Van Buskirk, JJ., dissenting.
Appeal from Supreme Court.
Action by Lizzie Kerpchak against the John Hancock Mutual Life Insurance Company. Judgment for plaintiff, and defendant appeals. Reversed, and venire de novo awarded.
McCarter & English, of Newark, for appellant.
Thomas J. Kennedy, of Passaic, for respondent.
TRENCHARD, J. This is an appeal from a judgment entered upon a verdict for the plaintiff below at the Bergen circuit.
The plaintiff is the mother and beneficiary of Anna E. Kerpchak, whose life the defendant company insured for $1,000 on April 3, 1919.
The policy says that it was issued in consideration of the representations in the attached application made a part thereof, and further provides, as required by our Insurance Law (P. L. 1907, p. 133, § 1 [4]), that—
"All statements * * * made by the insured shall, in the absence of fraud, be deemed representations and not warranties."
It also provides that it shall be uncontestable after one year, except for certain causes not now in question.
The insured died of pulmonary tuberculosis December 5, 1919, 8 months after the policy was issued, aged 19 years. The defendant company refused to pay the beneficiary (the plaintiff), because, among other things, it maintained that a statement in the application to the effect that the applicant had never consulted a physician was false and fraudulent, and it was upon that ground, among others, that the defendant at the trial moved for a direction of a verdict in its favor.
We are of the opinion that the denial of that motion was erroneous.
The legal rule is that where, as here, a policy provides, as required by our Insurance Law, that "all statements * * * made by the insured shall, in the absence of fraud, be deemed representations and not warranties," the policy will be avoided for a misrepresentation in the application, made a part thereof, if the misrepresentation be material and fraudulent, that is to say, if it be the statement of something as a fact, which is untrue, and which the insured stated, knowing it to be untrue, and with an intent to deceive, or which he stated positively as true without knowing it to be true, and which had a tendency to mislead; such fact in either case being material to the risk. Prahm v. Prudential Insurance Co. (Err....
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Paul Revere Life Ins. Co. v. Haas
...risk, or in fixing the rate of premium.' " Id. at 115, 584 A.2d 190 (quoting Kerpchak v. John Hancock Mut. Ins. Co., 97 N.J.L. 196, 198, 117 A. 836 (E. & A.1922) (alteration in original)). We noted that "[b]y denying coverage to insureds who lie, th[is] test encourages applicants to tell th......
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Massachusetts Mut. Life Ins. Co. v. Manzo
...conclusion Formosa, id. at 21, 398 A.2d 1301, relied on and quoted Kerpchak v. John Hancock Mutual Life Insurance Co., 97 N.J.L. 196, 198, 117 A. 836 (E. & A. 1922), which Every fact which is untruly stated or wrongfully suppressed must be regarded as material, if the knowledge or ignorance......
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Russ v. Metropolitan Life Ins. Co.
...v. Prudential Insurance Co., 97 N.J.L. 206, 116 A. 798 (March 1922), and Kerpchak v. John Hancock Mutual Life Ins. Co., 97 N.J.L. 196, 117 A. 836 (June 1922), Justice Trenchard, writing for the Court of Errors and Appeals, stated a test which, though arguably not intended to be a constructi......
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Massachusetts Mut. Life Ins. Co. v. Manzo
...the degree or character of the risk, or in fixing the rate of premium." Kerpchak v. John Hancock Mut. Ins. Co., 97 N.J.L. 196, 198, 117 A. 836 (1922). Here, the Appellate Division concluded that the Legislature had overruled Kerpchak by enacting N.J.S.A. 17B:24-3(d), which permits rescissio......
-
Paul Revere Life Ins. Co. v. Haas
...risk, or in fixing the rate of premium.' " Id. at 115, 584 A.2d 190 (quoting Kerpchak v. John Hancock Mut. Ins. Co., 97 N.J.L. 196, 198, 117 A. 836 (E. & A.1922) (alteration in original)). We noted that "[b]y denying coverage to insureds who lie, th[is] test encourages applicants to tell th......
-
Massachusetts Mut. Life Ins. Co. v. Manzo
...conclusion Formosa, id. at 21, 398 A.2d 1301, relied on and quoted Kerpchak v. John Hancock Mutual Life Insurance Co., 97 N.J.L. 196, 198, 117 A. 836 (E. & A. 1922), which Every fact which is untruly stated or wrongfully suppressed must be regarded as material, if the knowledge or ignorance......
-
Russ v. Metropolitan Life Ins. Co.
...v. Prudential Insurance Co., 97 N.J.L. 206, 116 A. 798 (March 1922), and Kerpchak v. John Hancock Mutual Life Ins. Co., 97 N.J.L. 196, 117 A. 836 (June 1922), Justice Trenchard, writing for the Court of Errors and Appeals, stated a test which, though arguably not intended to be a constructi......
-
Massachusetts Mut. Life Ins. Co. v. Manzo
...the degree or character of the risk, or in fixing the rate of premium." Kerpchak v. John Hancock Mut. Ins. Co., 97 N.J.L. 196, 198, 117 A. 836 (1922). Here, the Appellate Division concluded that the Legislature had overruled Kerpchak by enacting N.J.S.A. 17B:24-3(d), which permits rescissio......