Rhodes v. Mutual Benefit Health & Accident Ass'n

Walter Rhodes sued the Mutual Benefit Health and Accident Association on a policy of insurance providing for benefits of $60 per month for total and permanent disability. The defendant contended that the policy was void because procured by fraud, in that false answers material to the risk were made in the application, with knowledge on the part of the plaintiff that they were untrue when made. The judge directed a verdict for the defendant, and the plaintiff excepted.

1. The refusal to permit the plaintiff to testify that he was an uninsurable risk at the time of the trial was not harmful…