Olive E. Enge v. John Hancock Mutual Life

In this, an action to recover on two weekly payment life insurance policies, it is held that a soliciting agent appointed by the general state agent of a foreign life insurance company to take applications for such insurance, while so taking applications, is the agent of the insurer and not of the insured. When the insured truthfully states the facts but the agent writes the answers incorrectly in the application, without the knowledge or fault of the insured, the company is not relieved from liability in a situation such as is disclosed by the evidence. It is estopped from successfully asserting the defense interposed. A reading of the policy by the insured was not necessary.