Hovis v. Industrial Hospital Ass'n

Langenbach, J. †

Respondent sued appellant on a major medical certificate to recover 80 per cent of the costs of certain medical treatment and surgery.

In late 1959, respondent was given a complete physical examination at the Mayo Clinic. His health was declared “fairly satisfactory” and there was no finding of arteriosclerosis. Two years later, in October 1961, at the age of 61, respondent applied to appellant for major medical coverage. He told the agent for appellant that he had had a slight attack of gout and that he had been treated at the Mayo Clinic for arthritis which was not disabling…