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Betancourt v. Logia Suprema De La Alianza Hispano-Americana

Supreme Court of Arizona

February 6, 1939

ALFONSO BETANCOURT, and SCCORRO BETANCOURT, a Minor, ENEDINA BETANCOURT, a Minor, ARMANDO BETANCOURT, a Minor, NOEMI BETANCOURT, a Minor, and ESTHER BETANCOURT, a Minor, by ALFONSO BETANCOURT, Their Guardian Ad Litem, Appellants,
v.
LOGIA SUPREMA DE LA ALIANZA HISPANO-AMERICANA, a Corporation, Appellee

APPEAL from a judgment of the Superior Court of the County of Pinal. E. W. McFarland, Judge. Judgment affirmed.

Mr. L. J. Cox, for Appellants.

Mr. Greg Garcia, for Appellee.

OPINION

[53 Ariz. 152] McALISTER, J.

This is an appeal by the beneficiaries of an insurance policy from a judgment in favor of the insurer rendered by the court notwithstanding a verdict for the plaintiffs.

Juano G. de Betancourt was issued a certificate or policy of insurance for one thousand dollars on February 4, 1936, by the Logia Suprema de la Alianza Hispano-Americana, a fraternal beneficial association, in which her husband and their five minor children were the beneficiaries. She died on March 31, 1936, at the age of thirty-three years and, after proof of death, the company refused to pay the policy upon the ground that she made false representations in her application concerning her physical condition, in that she denied that she was pregnant on January 18, 1936, when she applied for the policy and was examined by a physician, and again on February 4 when it was delivered to her.

[53 Ariz. 153] According to the policy, her application which includes her medical examination became a part of the contract of insurance, and in her application there appears in English on page 2 immediately following her answers to questions pertaining to her personal and family histories, and just

Page 1027

above her signature, a paragraph containing these statements:

"Applicants Will Please Note

This Clause

"I have verified each of these answers and statements and I adopt as my own, whether written by me or not, and declare and warrant that they are full, complete and literally true, and I agree that the exact literal truth of each shall be a condition precedent to any binding contract. I hereby name and make the officers of the Alianza Hispano-Americana who have aided me in making this application, my agents for such purpose. I waive for myself and my beneficiaries all claims of benefit under this application until it shall be approved by the Supreme Physician and I shall be regularly initiated in accordance with the ritual of this Society and shall make the payments as required by its laws at my initiation; and until certificate, which shall be issued to me in pursuance of this application, shall be delivered to me after initiation while in sound health (and if a woman, not pregnant) and in pursuance of the General Laws of the Society."

On the third page of the application are thirteen questions under the heading, "To Be Answered by All Female Applicants," and those that are pertinent together ...


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