Opinion
Gen. No. 40,921. (Abstract of Decision.)
Opinion filed February 14, 1940. Rehearing denied March 12, 1940.
INSURANCE, § 494 — representations as to health, sufficiency of evidence. In action on nonmedical life insurance policy, where record contained no history of the patient claimed to have been taken by doctors in the hospital, and beneficiary testified that at time of receiving policy the insured was in good health, lower court erred in entering judgment for insurer on ground insured fraudulently stated in application that he was in good health.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Municipal Court of Chicago; Hon. EDWARD LUCZAK, presiding. Reversed and remanded. Heard in third division, first district, at October term, 1939; opinion filed February 14, 1940; rehearing denied March 12, 1940.
Victor H. Bloom, for appellants; Meyer A. Ginsburg, for appellees.
"Not to be published in full."