Opinion
Gen. No. 42,737. (Abstract of Decision.)
Opinion filed June 29, 1945 Released for publication July 24, 1945
INSURANCE, § 249 — when misrepresentation by insured not proved in action to cancel policy. In action to cancel insurance policy indemnifying insured against losses from disability and hospitalization, on ground of misrepresentation and failure to disclose material facts concerning health in application, where evidence indicated that there was no misrepresentation or material omission in view of interpretation placed upon questions in application by examining physician and soliciting agent who prepared application and wrote answers therein for insured, complaint was properly dismissed for want of equity.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. JOHN C. LEWE, Judge, presiding.
Judgment affirmed. Heard in the third division, first district, this court at the October term, 1943.
Eckert Peterson, for appellant;
Walter H. Eckert, Owen Rall, Walter W. Ross, Jr. and Harold W. Huff, of counsel;
Hubbard, Baker Rice, for appellee.
Not to be published in full. Opinion filed June 29, 1945; released for publication July 24, 1945.