Battle v. Reserve Life Insurance

OPINION

By PHILLIPS, J.

On October 6, 1954, defendant insured plaintiff for hospital, medical and surgical expenses incurred by plaintiff subsequent to policy issuance date. In the trial in the court of common pleas the parties stipulated that if defendant was liable the amount payable under the policy would be $659.65.

Defendant refused payment on the ground plaintiff had fraudulently and falsely answered questions on the policy application which was made'a part of the policy issued by defendant to plaintiff.

Plaintiff refused to accept defendant’s tendered return of premium payments.

Under the…