Greenhaus v. American Progressive Health Insurance

The plaintiff moves for summary judgment in an action on two hospitalization and surgical expense policies.

On or about June 20, 1958 the defendant issued two policies of insurance, one to cover hospital and surgical expenses and the other to cover hospital room expenses. The plaintiff seeks to recover under each policy for expenses incurred during a 54-day period of confinement in a hospital commencing on August 14, 1960. This followed an operation called a suprapubic prostatectomy. The defendant seeks to rescind the policies on the ground that the plaintiff induced the issuance of these…