Schmitt v. United States Fidelity & Guaranty Co.

Lees, C.

Plaintiff recovered a verdict in an action on two policies of health and accident insurance. Defendant has appealed from an order denying its motion for judgment notwithstanding the verdict or a new trial.

Misrepresentations in the applications for the policies were pleaded as a defense. That the sickness for which plaintiff claimed indemnity was contracted prior to the beginning of the term of the policies, and that the policies were canceled, were pleaded as additional defenses. In reply plaintiff alleged that when the applications were taken he truthfully gave all the information…