Decided on January 10,1900



Maclean, C J - (1.) This is a suit to recover from the defendant-company a sum of Rs. 10,500, the amount assured on five policies on the life of the plaintiff's late husband, one John Frederick Gamble, a master mariner, which policies were effected with the defendant-compile in the month of October 1893. John Frederick Gamble who, for several years, had been resident in Calcutta, died in England in the mon April, 1894 of disease of the kidneys. The policies are granted by the company "in consideration of the agreements, statements, representations, and warranties submitted to its officers at the Home Office in the City of New York in the written applications for the policies, which are hereby referred to and made part of this contract. "
(2.) For these policies John Frederick Gamble made application to the company on the 16th and 18 of September 1893. On the 19 September he set sail for England. The applications were in writing in the form usually adopted by the company and were signed by John Frederick Gamble. The portions of such applications, material for the purpose of the decision in the ease, are question 9 and the answers thereto. Question 9 runs as follows: A.--Has any proposal or application to insure your life ever been made to any company or agent, upon which a policy has not been issued, or upon which a policy has been issued at a higher rate than that applied for? B.--If so, state full particulars, to what company, when, and etc.
(3.) The answer is: "Yes, I applied to the Sun Life Insurance Company but was not examined. I am applying to the London and Lancashire." The answer says nothing about an application to the Positive Life Assurance Office, which undoubtedly had been made by Gamble. The application contains the following agreement by Gamble: "I do hereby agree as follows: (1) That the statements and representations contained in the foregoing application, together with those made to the Medical Examiner by me, shall be the basis of the contract between me and the New York Life Insurance Company; that I hereby warrant the same to be full, complete, and true, whether written by my own hand or not; this warranty being a condition precedent to and a consideration for, the policy which may be issued hereon. (2) That, inasmuch as only the officers at the Home Office of said company in the City of New York, have authority to determine whether or not a policy shall issue on any application, and as they act on the written statements and representations referred to, no statements, representations, or information made or given by or to the person soliciting or taking this application for a policy or by or to any other person, shall be binding on said company or in any manner affect its rights, unless such statements, representations, or information be reduced to writing and presented to the officers of the said company at the Home Office in this application.";

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