Mutual of Omaha Insurance Company v. Truluck

Stolz, Judge.

In this action on two medical expenses insurance policies, the insurer’s defense was that the policies were void because the applications therefor, which were attached to and a part of the policies, contained misrepresentations of fact material to the risk. The undisputed showing on the defendant’s motion for summary judgment, including the plaintiffs deposition, demanded the finding that the medical problem, for the treatment of which recovery is sought, is directly related to a pre-existing medical problem not disclosed on the application, thereby proving the materiality of the…