Nationwide Mutual Insurance Company v. McBriety

Nationwide Mutual Insurance Company (the insurer) denies 'liability under a major medical policy issued by it to Mrs. Eleanor Hall McBriety (the insured) because of the insured’s -alleged failure to disclose material information as to her prior medical history in her application for the policy. After the policy was issued, the insured was operated upon for an ulcer condition. She made demand upon the insurer for the expenses involved, the amount of which is not in dispute. The insurer, upon discovery of the alleged misrepresentations, claimed the "right to rescind the contract and tendered…