Gilcreast v. Providential Life Insurance

Tom Glaze, Judge.

This appeal involves a hospital medical surgical policy issued by appellee to the appellant. Almost three years after the issuance of the policy, appellant was admitted into the hospital and had a brain tumor surgically removed. Appellee denied appellant benefits under her policy claiming that her surgery was the result of a pre-existing condition excluded under the policy. Appellant filed suit against appellee contending she had disclosed information regarding her brain tumor to appellee’s soliciting agent when she applied for the policy. She alleged the agent’s knowledge of…