Curtiss v. Aetna Life Insurance

OPINION

SUTIN, Judge.

Plaintiff recovered judgment on an oral contract of insurance for compensatory and punitive damages. Defendant appeals from a denial of its motion for judgment N.O.V. We affirm.

A. Alleged material misrepresentations were questions of fact for the jury.

Plaintiff made application with Aetna Life Insurance Company for an insurance policy which covered health insurance. In answer to one question: “Has any person to be covered had any Accident, Health or Life Insurance . . . declined . . . ?” Plaintiff answered “No”.

Whether this answer was a material misrepresentation depends…