Opinion
Gen. No. 43,036. (Abstract of Decision.)
Opinion filed October 23, 1944 Rehearing denied November 6, 1944 Released for publication November 6, 1944
INSURANCE, § 462 — presumption that insured was in good health at time policy issued. In action on burial policy, issued by non-medical insurance company, which action was defended on ground that policy was obtained by false and fraudulent representations by insured concerning his health, held that facts, made to appear by attending physician's statement, attached to proofs of claim, all tended to show that insured was in good health at time policy issued and that, in absence of proof otherwise, such was presumption of law.
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. Affirmed. Heard in the first division, first district, this court at the April term, 1944.
Fithian, Spengler Finnegan, for appellant.
Benj. J. Schultz, for appellee.
Not to be published in full. Opinion filed October 23, 1944; rehearing denied November 6, 1944; released for publication November 6, 1944.