Eagleton v. Prudential Insurance Co. of America

Appellate Court of Illinois

Eagleton v. Prudential Insurance Co. of America

193 Ill. App. 306

CourtAppellate Court of Illinois

DecidedMarch 9, 1915

DocketGen. No. 6,044

StatusPublished

Cited by2 cases

This text of 193 Ill. App. 306 (Eagleton v. Prudential Insurance Co. of America) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Eagleton v. Prudential Insurance Co. of America, 193 Ill. App. 306 (Ill. Ct. App. 1915).

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Opinion

Mr. Justice Niehaus

delivered the opinion of the court.

3. Insurance, § 329*-—when extent of insured’s physical unsoundness not material. Where, at the time of issuing a policy of life insurance, an insurer has notice of the physical unsoundness of the assured, the extent thereof is not material as affecting the waiver by the insured of a condition of the policy limiting its liability to a return of the premiums received if the insured was not in good health at the date of the policy. 4. Insurance, § 329*—when condition, as to health of insured deemed waived. An insurer may by its conduct waive a condition of a policy of life insurance limiting its liability to a return of the premiums received if, at the date of the policy, the insured was not in good health.

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Mr. Justice Niehaus

delivered the opinion of the court.

3. Insurance, § 329*-—when extent of insured’s physical unsoundness not material. Where, at the time of issuing a policy of life insurance, an insurer has notice of the physical unsoundness of the assured, the extent thereof is not material as affecting the waiver by the insured of a condition of the policy limiting its liability to a return of the premiums received if the insured was not in good health at the date of the policy. 4. Insurance, § 329*—when condition, as to health of insured deemed waived. An insurer may by its conduct waive a condition of a policy of life insurance limiting its liability to a return of the premiums received if, at the date of the policy, the insured was not in good health.

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193 Ill. App. 306, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eagleton-v-prudential-insurance-co-of-america-illappct-1915.

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