Tender of premiums with defense of misrepresentation

40-419. Tender of premiums with defense of misrepresentation. In suits brought upon life policies heretofore or hereafter issued, no defense based upon misrepresentation in obtaining or securing the same shall be valid unless the defendant, at or before the trial, shall deposit in court for the benefit of the plaintiff the premiums received on such policies. History: L. 1927, ch. 231, 40-419; June 1. Source or prior law: L. 1907, ch. 226, § 2; R.S. 1923, 40-331. Law Review and Bar Journal References: "Recent Developments in Kansas Insurance Law: A Survey, Some Analysis, and Some Suggestions," Robert H. Jerry II, 32 K.L.R. 287, 319 (1984). CASE ANNOTATIONS 1. When defense of misrepresentation held good. Hiatt v. Woodmen of the World, 107 Kan. 359, 360, 191 P. 472. 2. Administratrix had no legal claim to premiums paid by party other than deceased insured; purpose of section stated. Chute v. Old American Ins. Co., 6 Kan. App. 2d 412, 423, 629 P.2d 734 (1981).