Marks v. Continental Casualty Co.

CROCKETT, Chief Justice:

The plaintiff, Ruth Marks, sued for the cost of hospitalization and medical expenses for an operation on her back, claiming coverage by defendant, Continental Casualty Company. Neither the writing of the coverage, nor the payment of premium, in May, 1963, is disputed. Defendant based its refusal to pay on two grounds: (1) that plaintiff made misrepresentations in applying for the insurance; and (2) that the operation was. to correct a condition which existed prior to the insurance coverage. Upon a trial to the court it made findings against the defendant on both issues…