Denler v. Continental Casualty Co.

Taylor, J;:

The defendant issued a policy of accident insurance to the plaintiff in November, 1923. The written application of plaintiff for said policy, which was indorsed thereon, contained the following:

“13. Except as herein stated I have not had nor am I now suffering from tuberculosis, paralysis, rheumatism, hernia, appendicitis, *31nor any chronic or periodic mental or physical ailment or disease, nor am I crippled or maimed, nor have I any defect in hearing, vision, mind or body. No exceptions.”

In December, 1923, the plaintiff received a personal injury through accidental means which…