Opinion
Gen. No. 41,153. (Abstract of Decision.)
Opinion filed June 26, 1940
INSURANCE, § 494 — misrepresentation, evidence. In action on life insurance policy, defended on ground that insured stated his father's death was due to pneumonia when in fact it was caused by pulmonary hemorrhage resulting from tuberculosis, plaintiff was properly awarded judgment below, where death certificate showed that pulmonary hemorrhage was cause of death, there was evidence that such condition could be caused by several ailments, including pneumonia, the father had died in another town 30 months before application was signed, and insured stated "I think it was pneumonia," which was not a false representation.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Municipal Court of Chicago; Hon. JOHN V. McCORMICK, presiding.
Affirmed. Heard in second division, first district, this court at April term, 1940.
William E. Mooney, for appellant;
Ellidor M. Libonati, for appellee;
Abraham Miller, of counsel.
"Not to be published in full." Opinion filed June 26, 1940.