When Sidney Henry applied for insurance with State Farm, he was asked whether he had ever had recurrent indigestion or a hernia. Henry answered no to each question. In fact, he had experienced recurring indigestion, and it had been diagnosed as either an ulcer or a hernia.
The policy was issued. Eight months later, Henry died of cancer of the esophagus. When Eula Henry applied for benefits, State Farm denied her request.
Eula argued that the misrepresentations were not material because her husband died from cancer, not the illnesses he was questioned about. Was Mrs. Henry correct? Explain.
Henry v. State Farm, 465 So.2d 276 (LA).