How have the courts interpreted estoppel provisions in a life insurance policy where the insurer knew that the insured's representation concerning prior illnesses was false?

California, United States of America


The following excerpt is from Rutherford v. Prudential Ins. Co. of America, 234 Cal.App.2d 719, 44 Cal.Rptr. 697 (Cal. App. 1965):

Turner v. Redwood Mutual Life Assn. (1936) 13 Cal.App.2d 573, 577-578, 57 P.2d 222 (hearing denied) held that because the insurer had at its disposal the source from

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On the other hand, in Frederick v. Federal Life Ins. Co. (1936) 13 Cal.App.2d 585, 589, 57 P.2d 235, where the insurer knew that the insured's representation concerning prior illnesses was false, the court held that that fact did not require investigation of his other representations and could not constitute estoppel to set up, by way of defense to an action on the policy, the falsity of the other representations. Maggini v. West Coast Life Ins. Co. (1934) 136 Cal.App. 472, 479, 29 P.2d 263 is to the same effect. There, the only misrepresentation of which the insurer had knowledge was the insured's failure to disclose that some five years prior he had had pneumonia.

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