Filcek v. Catholic Knights Insurance Society

This is a civil action for damages brought by plaintiff beneficiary on a disability and sickness policy issued by defendant on April 10, *2251962. The insured, plaintiff’s husband, had received extensive medical treatment between December 5, 1961, and April 3,1962, for stomach ailments. Three months after the issuance of the policy, the insured was hospitalized and filed a claim under the policy, which was denied by defendant.

The case was tried by the court without a jury, and defendant affirmatively pleaded and presented evidence during trial which tended to show that the insured falsely…