Bacchi v. Continental Casualty Co.

This is a motion by plaintiff to strike out the affirmative defense.

The action is on a policy of disability insurance upon which payment has been refused. Plaintiff is an insured under a policy of group insurance issued to the American Medical Association by defendant.

In its answer defendant alleges affirmatively that -plaintiff made untruthful representations as to his health in the written *797application for the said insurance. That, in relying on these untruthful representations, they issued the policy which they would not have issued had they known the alleged true facts concerning the…