Kline v. Washington National Insurance

Under date of March 28, 1933-, the defendant issued the policy in suit to plaintiff to insure against loss to *23him as- the result of disability due to accident and sickness. Plaintiff sustained loss within the coverage of the policy by reason of appendicitis, which resulted in disability, and necessitated medical treatment, including an operation. Defendant denied liability on several grounds.(1) Plaintiff falsely answered “No” to a question in the printed application for the policy, which read:

“Have you been disabled by either accident or illness, or received medical or surgical attention…