Washington Fidelity National Insurance v. Lacey
Ohio Court of Appeals
1Opinion of the CourtLevine, J.
Does the evidence disclose that on the date of the issuance of the policy to John Lacey, he was not in sound health?
This term “sound health” has been judicially interpreted in many cases. The trend of authorities is to the effect that the term does not imply absolute freedom from bodily infirmity or tendency to disease. Morrison v Odd Fellows Mutual Life Insurance Co., 59 Wisconsin 162. “A man may have a sick headache temporarily and still be considered in “sound health” although abstractly considered it is not “sound health” so a man may have an attack of rheumatism — a temporary attack of…
2Cases cited2 opinions
- Sieverts v. National Benevolent Ass'nSupreme Court of Iowa · 1895
- Dietz v. Metropolitan Life Ins.Supreme Court of Pennsylvania · 1895
3Cited by5 opinions
- Columbian Nat. Life Ins. Co. v. GoldbergCourt of Appeals for the Sixth Circuit · 1943
- Burpo v. Resolute Fire Ins, Co.Ohio Court of Appeals · 1951
- Farmers Bankers Life Ins. Co. v. BaxleySupreme Court of Oklahoma · 1949
- Van Gunten v. Life & Cas. Co.Lima Municipal Court · 1969
- Horn v. Commonwealth Life InsuranceOhio Court of Appeals · 1963