The plaintiff cannot recover if the falsity of his statement "affected either the acceptance of the risk or the hazard assumed by the insurer." P. L., c. 281, s. 15. In this jurisdiction a false statement as to medical history is held to affect the acceptance of the risk as a matter of law. Amoskeag Trust Co. v. Insurance Co., 88 N.H. 154, 163.
Judgment for the defendant.
BRANCH, J., did not sit. *Page 561