INSURANCE, § 298 — waiver by agent as bar to forfeiture. In action upon two life insurance policies which were voidable if within two years prior to date of issue, insured had received hospital or medical treatment for a serious disease, injury or physical or medical condition, defendant insurance company could not insist upon forfeiture of policies, although it alleged and proved hospital and medical treatment of insured within two years prior to issuance of policies, and burden was upon beneficiaries to prove that such hospital or medical treatment was not for a serious disease, where defendant's agent, who had power to waive provision, had knowledge that insured had been inmate of hospital for serious illness within two years prior to issuance of policies.
See Callaghan's Illinois Digest, same topic and section number.
Opinion by JUSTICE LUPE.
Not to be published in full. Opinion filed February 14, 1945; released for publication March 5, 1945.