PERKINS v. JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY

No. 4523.

100 N.H. 383 (1956)

LOUISE D. PERKINS v. JOHN HANCOCK MUTUAL LIFE INSURANCE CO.

Supreme Court of New Hampshire.

Decided December 31, 1956.


Attorney(s) appearing for the Case

Eaton & Eaton and Clifford J. Ross (Mr. Ross orally), for the plaintiff.

Wyman, Starr, Booth, Wadleigh & Langdell (Mr. Booth orally), for the defendant.


KENISON, C. J.

The insurer's first defense is that the application for the policy contained misrepresentations concerning the medical history of the insured. The evidence disclosed that the insured had been treated by physicians and therefore the negative answer to question 17 of the application was incorrect. While RSA 408:7 provides that the soliciting agent shall "be regarded as the agent of the company and not the agent...

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