McDaniel v. Physicians Mutual Insurance Co.

OPINION

FONES, Justice.

This is a suit to recover benefits allegedly due the policyholder under an accident and sickness insurance policy.

The trial court held as a matter of law that plaintiff had made a misrepresentation by his failure to disclose the fact that he had additional insurance with another insurance company, but that this misrepresentation did not increase the risk of loss to defendant. The only issue submitted to the jury was whether plaintiff made the false statement with actual intent to deceive defendant. The jury returned a verdict in favor of plaintiff and defendant appealed.

T…