Insurer’s Defenses. Patrick contracts with an Ajax Insurance Co. agent for a $50,000 ordinary life insurance policy. The application form is fi lled in to show Patrick’s age as thirty-two.

In addition, the application form asks whether Patrick has ever had any heart ailments or problems. Patrick answers no, forgetting that as a young child he was diagnosed as having a slight heart murmur. A policy is issued. Three years later, Patrick becomes seriously ill and dies. A review of the policy discloses that Patrick was actually thirty-three at the time of the application and the issuance of the policy and that he erred in answering the question about a history of heart ailments.

Discuss whether Ajax can void the policy and escape liability on Patrick’s death.