Appeal, No. 179, Jan T., 1955, from judgment of Court of Common Pleas No. 4 of Philadelphia County, June T., 1953, No. 3224, in case of Ashen Kizirian v. United Benefit Life Insurance Co. Judgment reversed.
Walter B. Gibbons, for appellant.
Maxwell L. Davis, with him Herman S. Davis, and Davis & Davis, for appellee.
Before Stern, C.j., Stearne, Jones, Bell, Musmanno and Arnold, JJ.
OPINION BY MR. JUSTICE BELL
Ashen Kizirian, beneficiary in the life insurance policy issued on the life of her husband, John A. Kizirian, on November 28, 1952, in the sum of $5,000., brought an action in assumpsit to recover the full amount of the policy. The insured died of cancer on May 4, 1953.
Defendant denied liability under the policy for the reason that certain answers of the insured were false and fraudulent. The jury returned a verdict in favor of the plaintiff and the defendant filed a motion for judgment non obstante veredicto which was dismissed.
The insured's application contained the following pertinent questions and answers: "8.(f) Are you sound physically and mentally? Yes." "10.(b) Have you had any local or constitutional disease within the past 5
years? None ... (d) Have you ever had, or been advised to have any surgical operation? Yes. (e) Have you ever been under observation, care or treatment in any hospital, sanitarium, asylum, or similar institution? No. (f) Are you now in good health? Yes". "11. Name below all causes for which you have consulted a physician in the last ten years:
Illness or No. of Date Severity Any ...