Wallace A. Howard v. Aid Association for

1. A. Misrepresentation of a required disclosure on an insurance application voids the policy, without regard to whether the facts misstated ultimately related to the insured's cause of death, if the omission or misrepresentation substantially effects or impairs an insurer's ability to make a reasonable decision to assume the risk of coverage. The misrepresentation here relating to a history of drug abuse was material to the insurer's decision, and plaintiff-beneficiary is therefore precluded from recovering under the policy. 2. Defendant-insured's written waiver of medical privilege accompanying his insurance application, as well as the medical releases executed by plaintiff after insured's death, were effective waivers and are binding upon plaintiff; the trial court properly considered medical evidence obtained upon investigation of the insurer.