Folk v. Countryside Casualty Co.

CRANDALL, Judge.

This appeal involves an action on an automobile insurance policy. We affirm in part and reverse in part.

Gary L. Folk purchased an automobile insurance policy from defendant, Countryside Casualty Company. Among the questions asked on the application for insurance was whether Mr. Folk had a physical or mental impairment during the last three years. Mr. Folk answered in the negative. Subsequently he was killed in a one-car accident. The insured vehicle was admit tedly a total loss as a result of the accident. It was discovered that Mr. Folk had been prescribed medication for…