Koppleman v. Commercial Casualty Ins.

Opinion by

Mr. Justice Schaffer,

In this action on a policy of insurance providing for the payment of sick and accident benefits, the jury found a verdict for the full amount of plaintiff’s claim and from the judgment entered defendant has appealed.

The defense interposed was that plaintiff untruthfully answered questions, propounded to him by the company in the written application which he signed, material to the risk, and it is urged by appellant that because of these false answers the contract of insurance is avoided and plaintiff as a matter of law cannot recover.

To the question “Have you…