Waite v. American Family Mutual Insurance Co.

SIMONETT, Justice.

The jury found that plaintiffs’ answers on a health insurance application were false but did not materially affect the risk. We reverse the trial court’s order for judgment notwithstanding the verdict but affirm the trial court’s alternative ruling of a new trial.

In January 1980, plaintiff-appellants Rockne Waite and his wife Elaine applied for family health insurance with defendant-respondent American Family Mutual Insurance Company. Mr. Waite completed the medical history questions on the application form, answering (1) that Elaine, in the past 10 years, had not been…