Dye v. Pennsylvania Casualty Co.

Riley, Judge:

Belva B. Dye instituted in the Circuit Court of Roane County this action of assumpsit against Pennsylvania Casualty Company, a corporation, to recover $250.00 upon a hospital surgical operation under an indemnity insurance policy.

Defendant’s demurrer to the declaration having been overruled, defendant filed a plea of non-assumpsit and a plea of the general issue under Code, 56-4-21, supported by a “Statement of Particulars of Defense” specifying:(1) Fraud in the procurement of the policy by falsely answering in her application “Yes” to question number 8: “Are you now in good…