AGENTS OF PROPOSERS.

11926. If an agent fails in the answers on behalf of the proposer, the proposer, or his survivors, are liable for any false statement as fully as if it were made by the proposer himself.

SPECIALITIES.

11927. The only difference between a proposal for a fire insurance and a life insurance is, that the former deals with amounts and circumstances, the latter with age and health; and,

11928. Age and Health.-As the value and circumstances of the property proposed for fire insurance must be truly stated, so also must the age and health of the party proposed for life assurance be truly stated.

11929. Registers.-There is no chance in general of any very material fraud being committed or attempted with regard to the age of parties applying to have their lives assured, as a reference to the registers of birth will generally, though not invariably (3235), be conclusive; but,

IMPORTANT CONSIDERATIONS.

11930. Health.-With reference to health, there is an immense field for consideration in making a declaration for life insurance. 11931. Good Health.-When the party applying is really in perfect health, there can be no difficulty in making the statement; but, 11932. Imperfect Health.-Unfortunately, a large proportion of applicants for life insurance are, in some immediate or remote sense, not perfectly healthy; and,

11933. Reservation.—The smallest reservation in the statements made may defeat the object in view; for,

11934. Easy to Insure.-It is one thing to induce an office to take a premium and issue a policy (11896):

11935. Difficult to Recover.-It is quite another thing to procure the payment of the sum ostensibly assured to the survivors (11896-7); for,

11936. Repudiation.—It is within the competence of a life office to repudiate their policy on the ground of misrepresentation, no matter how many years the premium may have been paid; therefore,

11937. Additional Importance.-The importance of candour and care in making every possible disclosure relative to the health and interest (11896) of the party proposing to insure a life, is of more importance than in making a proposal for fire insurance, great as that is; more especially,

11938. Essential Care.-When the proposal is to insure the life of the proposer himself, the essence of the proposal should be, not only candour; but care; as,

11939. Inadvertencies.-The interests of survivors may be sacrificed many years afterwards by a mere inadvertence at the time of the proposal (11935); for,

DESIGN OR ACCIDENT.

11940. Material Facts.—If a material fact be left out, it matters not whether it be designedly or accidentally omitted.

11941. In the opinion of the proposer it may not be a material fact; but

11942. Experience may prove that it is material; and

11943. The fact has to be considered, and not the opinion or motive which caused its concealment; thus,

LATENT MALADIES.

11944. Experience proves that many persons with a latent malady are too apt to persuade themselves that their general health and vigour will counteract the evil; and, under that impression,

11945. Honest Omission.—A person proposing to insure his life may omit the mention of a peculiar unhealthy tendency, under the honest conviction that it is not of importance; but

11946. Folly of Concealment.-Concealment of any kind, however innocent, is extremely unsafe and unwise; moreover,

MEDICAL OPINIONS.

11947. Too Common Course.—A too common course of conduct between a proposer and his regular medical attendant cannot be too much reprehended; thus,

11948. Favourable Opinions.—When a man is about to insure his life, it is understood to be not unusual for him to apply to his own doctor, and there is a tacit understanding that as good an account as possible is to be given; on the contrary,

11949. Full Disclosures.-The proper and only safe course for a man to take when about to make a proposal of life insurance, is to induce his usual medical attendant to disclose every suspicious symptom, so as to leave no chance of a charge of concealment ; it is true that

OFFICIAL OPINIONS.

11950. Life offices almost invariably instruct their own medical men to report upon each case respectively; and,

EXAMINATIONS.

11951. Diminished Risk.—When a life office submits a proposer to the examination of its own medical man, and the proposer answers truly all the inquiries, there is seldom any risk; for,

11952. Increased Security.-The employment of medical men of their own to report upon proposals is, in fact, a security to the insured, and, in the long run, tends against the insurers; as,

11953. Official Ignorance.-Life offices, in common with fire offices (11808), cannot effectually plead ignorance of facts which they are presumed to have discovered; so that

11954. Official Liability.-A medical examination and official report upon a proposal for life insurance places the office in much the same position as a fire office is placed in by a survey and report; thus,

11955. Consumptive Symptoms. If a proposer is consumptive, and says nothing about it, his silence will make no difference if it can be proved that the office knew the fact; and,

11956. Presumed Knowledge.-When offices avail themselves of formal examinations, it is presumed that, in accepting the proposal, their medical men have done their duty and applied every available test, and that therefore they know everything material; notwith. standing,

LITERAL STATEMENTS.

11957. Every statement actually made by the proposer must be not only substantially, but literally, true in the narrowest and broadest sense; for,

11958. Trifling Statements.-It has been judicially decided, more than once, that any statement of the proposer, however trifling it may appear, may render the policy invalid if it prove to be untrue; therefore,

POSITIVE STATEMENTS.

11959. Nothing should be stated positively upon which the proposer is not perfectly and entirely certain; and,

11960. Verbal Statements.—A verbal statement, duly recorded, is of as much importance as a written one; and,

11961. Yes or No.-A mere "yes" or "no," in reply to a question, is sometimes sufficient to impeach the validity of a policy; hence,

QUALIFIED STATEMENTS.

11962. Doubtful Points.-If there is any doubt upon a given point, the proposer should carefully qualify his statement by saying "to the best of my knowledge and belief;" as,.

11963. Effect.-It is settled that a slight qualification of a statement is sufficient to deprive the office of any plea on the ground of misstatement.

HABITS.

11964. Prejudicial to Health.-Nothing is more calculated to vitiate a policy than the concealment of habits prejudicial to health; for,

11965. Intemperance.—If the death of the insured can be traced to any kind of intemperate habits which were indulged in prior to effecting the insurance, and denied or omitted in the declaration, the office will be legally exonerated; thus,

11966. Opium-Eating.-The concealment of the indulgence of opium-eating has been adjudged fatal to a policy.

11967. Profligacy.-Undisclosed profligacy, especially on the part of a woman, may be fatal to a policy; and

11968. Drunkenness.—Undisclosed habits of drunkenness are peculiarly likely to vitiate a life policy.

ACCEPTANCE OF PROPOSAL.

11969. Formal Notice.—When a life office decides to accept a proposal for insurance, formal notice is invariably given that the proposal is accepted; and

11970. Preliminary Premium.—It is an invariable condition of a notice accepting a proposal for life insurance, that the first premium must be paid within a stated number of days, usually thirty; and

11971. Option of Proposer.-Within the number of days stipulated for in the notice of acceptance, the proposer is at complete liberty to withdraw or proceed :

11972. No Compulsion.—If he declines to go on, he cannot be compelled :

11973. Tender of Premium.—If he tenders the amount of premium stipulated for, whether for a short or long period, or all in one payment, the office must accept the amount; or, at any rate, take the risk of the insurer's death, whether a policy is issued or not, unless anything material has occurred to alter the character of the risk.

THE POLICY.

11974. No Invariable Form.-There is no invariable form for a life policy; and,

11975. Infinite Variety.-The forms and varieties of life policies are infinite; though,

PRIMARY CONDITION.

11976. The primary condition of all life policies is that, if the person whose life is insured dies within a time stated, usually a year, the office shall pay the sum stipulated for (11896-7).

SECONDARY CONDITIONS.

11977. Variable.-The secondary conditions of a life policy vary according to the office issuing the policy, or to the circumstances; but

11978. Invariable.-There are certain conditions which are almost invariable; thus,

11979. Subject to Declaration.-That the policy is issued subject to the declaration, and is dependent upon the truth of the declaration (11911):

11980. Limitation of Travelling.-That the person whose life is insured shall not go out of the kingdom or beyond the confines of Europe without the consent of the office; otherwise,

11981. Travelling Premiums.-That the insured shall not go beyond certain limits without the payment of an additional premium as against the increased risk.

11982. Army and Navy.-That the insured, not being already engaged in the army or navy, shall not enter such services except after notice, and upon special terms.

11983. Dangerous Occupations.-That the insured, not being already engaged in a dangerous occupation, shall not enter upon any such occupation except after notice, and upon special terms.

11984. Suicide.-That the policy shall be void in case of suicide; or,

11985. Capital Execution.—Capital execution of the insured; or, 11986. Duelling.-In case of the death of the insured through engaging in a duel.

EXAMINATION OF POLICIES.

11987. It is important that the person interested in a life policy should submit it to a searching examination upon receiving it; for, 11988. Unexpected Conditions. It is not uncommon for life offices to insert conditions in their policies which were not expected or contemplated by the insured; and

11989. Contrary to Stipulation.-If there be any condition contrary to an express or implied stipulation; or,

11990. Unreasonable.-Which is essentially unreasonable;