Mutual of Omaha Insurance v. Bosses

Opinion by

Mr. Justice Musmanno,

On August 1, 1964, Fred F. Bosses, member of the B’nai B’rith, executed an application form for certain insurance benefits under a Major Medical Plan offered by the Mutual of Omaha Insurance Company to members of B’nai B’rith, and, in due course, a certificate of insurance was issued to him. Within the two-year period provided under the policy, the insurance company filed an action in equity to rescind the insurance policy on the basis that Bosses had withheld from his answers on the application form certain medical history which indicated he had suffered in the…