Allianz Und Stuttgarter Life Insurance Bank, Ltd.
Hemanta Kumar Das
Decided on March 18, 1938, [Last Heard on: 18.03.1938]
A sued B, claiming entitlement to a life insurance policy assigned by his father, D. The insurer argued the policy was void due to D false statements about his age and health in the application. Central trial issues were whether the statements were false and material enough to void the policy. Evidence and letters were examined, with the insurer contending these letters vitiated the policy if D’s age exceeded 60. The court noted the policy admitted age and required proof. The judgement ultimately ruled in favour of Respondent, represented by Fox & Mandal that the insurer hadn’t proven false statements, and that policy changes based on letters were outweighed by original terms and that the policy was valid.