634 CORPORATIONS. [ART. 23

be held liable to pay the membership fee and premium on their insur-
ance as paid or contracted to be paid at the time the policy is taken
out, and shall not be held for any other or further assessments or claims
on the part of the company or its policy holders The membership fee
and premium agreed upon may be collected in cash at the time the
policy is issued, or be evidenced by a written obligation of the policy
holder. Such payment or obligation shall be the limit of the liability of
the policy holder to the company for premium on the insurance.

1904, art. 23, sec. 195. 1S88, art, 23, sec. 142. 1884, ch. 500.

212. No company, association, partnership or corporation of this
State, or any other State or nation, granting insurance on the lives of
persons under ten years of age, shall be authorized to do business in the
State of Maryland, unless it complies with the provisions of this article.

Ibid. sec. 196. 1894, ch. 662, sec. 142 A.

213. Whenever the application for a policy of life insurance contains
a clause of warranty of the truth of the answers therein contained, no
misrepresentation or untrue statement in such application, made in
good faith by the applicant, shall effect a forfeiture or be a ground of
defense in any suit brought upon any policy of insurance issued upon
the faith of such application, unless such misrepresentation or untrue
statement relate to some matter material to the risk.

Whether misstatements in the application for the insurance are false and
material to the risk, and whether they are made in bad faith, are ordinarily
questions of fact for the Jury, but where the evidence is clear and uncon-
tradlcted, the court may rule as a matter of law. Evidence of good faith
and fraud. Object of this section. Maryland Casualty Co. v. Gehrmann, 96
Md. 648; Aetna Life Ins. Co. v. Millar, 113 Md. 693; Monahan v. Mutual Ins.
Co., 103 Md. 156; Mutual Ins. Co. v. Mullan, 107 Md. 463.

This section is remedial and to be liberally construed. It is applicable to
a contract of insurance made in Maryland by a mutual insurance company
of the state of New York, although the contract provides that it is subject
to the charter of the company and the laws oil New York. The burden of
proof that misrepresentations or untrue statements were made, and that
they were material to the risk or were not made in good faith, is upon the
insurance company. Proper prayer under this section. Mutual Life Ins.
Co. v. Mullan, 107 Md. 460.

In the light of section 192, this section applies to accident insurance poli-
cies. Md. Casualty Co. v. Gehrmann, 96 Md. 648.

Cited but not construed in Mutual, etc., Co. v. Rain, 108 Md. 355.

Ibid. sec. 197. 1894, ch. 662, sec. 142 B.

214. Whenever it shall be made to appear that a wrong age has
been given in good faith in any application for a policy of life insurance
the company shall not be required to pay the face value of the policy,
but such sum as the premium paid would have purchased at the appli-
cant's real age at the time of effecting the insurance, This and the
preceding section shall not affect the rights of parties to actions or
suits pending on April 6, 1894