Gibbons v. Mutual Ben. Health & Accident Ass'n

This is an appeal from a decree sustaining a demurrer to the bill filed by Gibbons against the Mutual Benefit Health and Accident Association.

The bill alleges that in March of 1949 the Insurance Company issued Gibbons a sick and accident insurance policy providing for payment of $100 per month to him if he became totally disabled, and that on October 25, 1949 he filed proper notice and proof with the Company that he had become so disabled; that the Insurance Company denied liability on the ground that he had procured this policy by fraud, and tendered him the premium of $46 which he had paid.…