Koin v. Mutual Benefit Health & Accident Ass'n

This is an action on a health and accident policy. A jury returned a verdict in favor of the insuring company, and to judgment entered thereon plaintiff assigns error.

The policy, issued November 1, 1929, insured against loss of time—fixing the rate and duration of payment— “resulting from disease, the cause of which originates thirty days after the date of this policy.” The application, a copy of which was attached to and made part of the policy, contained the following questions and answers: “Are you sound physically and mentally?” “Yes.” “Have you received medical or surgical advice or…