Marsh v. Durham Life Insurance

154 S.E. 313, 199 N.C. 341, 1930 N.C. LEXIS 111

• Court: Supreme Court of North Carolina
• Decided: August 20, 1930
• Status: Published

Opinion

Per Curiam.

The knowledge of an insurance agent, who procures an application for insurance, that at the time the applicant is in ill health, is imputed to the company, and such knowledge will prevent the company from avoiding the contract on the ground of false warranty. Short v. Insurance Co., 194 N. C., 649, 140 S. E., 302; Insurance Co., v. Grady, 185 N. C., 348, 111 S. E., 289. Therefore, evidence as to the knowledge of the agent writing the application, as to the physical condition of applicant was competent. The pertinent principle of law was thus declared in Follette v. Accident Asso., 107 N. C., 240, 12 S. E., 370: “Actual knowledge of the plaintiff’s defective hearing on the part of the agent was constructive notice of it to his principal, and, hence, the latter is deemed to have waived the objection that the deafness of the former was a bodily infirmity, notwithstanding the fact that it was provided in the policy that the agents of the company should have no power to waive its conditions.”

Hence the answer of the jury to the second issue entitles the plaintiff to recover.

No error.