Transportation Insurance Company v. Solomon David

ALDRICH, Circuit Judge.

The defendant, an Illinois corporation, upon being sued in the New Hampshire Superior court on a policy of accident and health insurance issued to a local resident, removed the action to the district court, where a jury found against it. The only question on its appeal is whether the court should have directed a verdict in its favor on the ground that the policy was not in force at the time that the insured became ill.

The application for the policy contained the following questions and answers :

“8. Have you to the best of your knowledge and belief ever had abnormal…