tuberculosis and three years' treatment in a sanitarium undisclosed
How later courts described this case
- tuberculosis and three years' treatment in a sanitarium undisclosed
- cardiac related complaints and hypertension
- insured’s failure to disclose heart disease and hypertension held to be material misrepresentation as a matter of law
- "[W]here the evidence concerning the materiality is clear and substantially uncontradict-ed, the matter is one of law for the court to determine."
Written by the judges who cited it.
The opinion
Kupferman, J. (dissenting).
While there may have been a lack of a candid disclosure on the insurance application form, the defendant placed no reliance thereon and examined the plaintiffs decedent in depth, including having access to the various items, which, if the form had been properly completed, would in no greater or different detail have been brought to the defendant’s attention.
I would affirm.