Union Bankers Ins. Co. v. National Bank of Commerce

Osro Cobb, Justice.

On December 3, 1962, William R. Felkins purchased a policy of insurance from appellant purporting to cover certain medical and hospital expenses thereafter incurred by Felkins and his wife-The annual premium for the policy was substantial— $149.20 for the primary policy and $14.40 for a physician’s supplement.

When Felkins applied for this insurance coverage, he set forth as a part of his past medical history that he had suffered from a stomach ulcer which required surgery, and that he had made complete recovery. The company attached two exclusionary riders to the policy.

In…