Metropolitan Life Ins. Co. v. Schmidt

• Decision Date: 05 June 1906
• Parties: METROPOLITAN LIFE INS. CO. v. SCHMIDT.
• Court: Kentucky Court of Appeals

93 S.W. 1055

METROPOLITAN LIFE INS. CO. v. SCHMIDT.

Court of Appeals of Kentucky.

June 5, 1906

Appeal from Circuit Court, Union County.

"Not to be officially reported."

Action by Elise Schmidt against the Metropolitan Life Insurance Company. From a judgment for plaintiff, defendant appeals. Reversed and remanded.

E. R Attkisson, and Drury & Drury, for appellant.

H. D Allen and P. B. Miller, for appellee.

HOBSON C.J.

About the 1st of February 1902, Frederick Schmidt was treated by Dr. H. C. Ray of Morganfield. He was complaining of thirst loss of flesh, and excessive urination. The doctor examined his urine, and gound it heavily laden with sugar. He told Schmidt that he had diabetes, and treated him from that time until he died. Schmidt insisted that he did not have diabetes, but only stomach trouble. On February 17, 1902 Schmidt consulted Dr. Edwin Walker of Evansville, Ind telling him that Dr. Ray had examined him, and told him that he had sugar in his urine. Dr. Walker pronounced it diabetes melitus. He visited Dr. Walker again on May 17, 1903, and May 31, 1903, and on each of these visits he was examined, and his condition found to be the same. He told the doctor also that he had excessive urination, and the doctor told him that the disease was incurable. On June 1, 1903, Schmidt applied to the Metropolitan Life Insurance Company for insurance. At that time it was not the custom of the company, as part of its medical examination, to have the urine examined where a policy for only $1,000 was applied for. Schmidt was apparently in good health, and he passed the medical examination and the policy for $1,000 was issued to him on June 5th; he then paying the first premium. He died the following October, or about four months afterwards, of diabetes coma. This suit was filed to recover upon the policy, and the company defended upon the ground that the policy was obtained by misstatements in the application and concealment by Schmidt of the facts known to him in regard to his health at the time the application was made. He was asked if he had ever had difficult, excessive, or scanty urination. To this he answered, "No." He was asked the name and residence of his usual medical attendant. To this he answered, Dr. Edwin Walker, Evansville, Ind. He was asked for what were his services required. His answer was, about 16 months ago, for constipation and cold. He was asked if he had any disease of...