Boggio v. California-Western States Life Insurance

[598]

SHINN, P. J.

Eda L. Boggio brought this action to collect on a life insurance policy issued by defendant on the life of plaintiff’s deceased husband. Defendant resisted the claim on the ground of alleged false statements made by the insured concerning his health. After trial to the court judgment was entered in favor of plaintiff for the face amount of the policy ($5,000) and defendant appeals.

On December 7, 1948, Robert Boggio signed an application for a life insurance policy to be issued by defendant. A year’s premium was paid and the policy was issued December 17, 1948. Five months later Robert died as the result of a subarachnoid hemorrhage. Upon presentation of a claim by plaintiff, the insurer refused to pay and this action followed. Defendant’s position is that the policy is void because of false answers made by the insured in the written application which was made a part of the insurance contract. In that application appears the following question: “Have you now or have you ever had . . . [listing specified diseases and injuries] or any other injury?” The answer given was “none.” Like answer was given to another question about consultation with physicians during the 10 years prior to the application. These answers were literally false because Robert had suffered a blow on the head resulting in a subarachnoid hemorrhage in 1945 while in naval service and had been hospitalized for several weeks. Defendant claims there was material misrepresentation which voided the policy.

Relation of additional facts as found by the court is essential to explain the judgment. The insurance was sold by Louis P. Angelino who had been an agent of defendant for 25 years. Angelino had known the Boggio family for 12 years, had handled all their insurance needs, and they had faith and confidence in him. As a friend of the family he was fully acquainted with Robert’s naval hospitalization. The application was entirely in the handwriting of Angelino— only the signature being written by Robert. When the application was being filled out Robert made full disclosure regarding the prior injury and treatment. Angelino then asked Boggio what kind of a discharge he had and when informed it was honorable, not medical, he said: “Well as long as you do not have a medical discharge they don’t care about all this. As long as you have an honorable discharge and not a medical discharge you can sign this application.” Boggio signed the application in good faith believing the representation by Angelino.