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ORR v. UNION FIDELITY LIFE INSURANCE COMPANY. (03/17/64)

March 17, 1964

ORR, APPELLANT,
v.
UNION FIDELITY LIFE INSURANCE COMPANY.



Appeal, No. 153, April T., 1963, from judgment of Court of Common Pleas of Mercer County, Dec. T., 1961, No. 147, in case of Martin Orr v. Union Fidelity Life Insurance Company. Judgment affirmed.

COUNSEL

William C. Kuhn, with him Philip E. Brockway, and Brockway and Brockway, for appellant.

Milford L. McBride, Jr., with him McBride & McBride, for appellee.

Before Rhodes, P.j., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ.

Author: Woodside

[ 202 Pa. Super. Page 555]

OPINION BY WOODSIDE, J.

The appellant here admits that he signed an application for hospital and surgical insurance which he knew contained false answers. He, nevertheless, obtained a verdict for $2249 in a suit on an insurance policy issued by the defendant upon the application containing the false answers. When the court below granted the insurance company's motion for judgment n.o.v., he took this appeal. The claim was made for hospital and surgical expenses incurred in the treatment of a broken leg suffered by the insured in January 1961.

The appellant, who was 75 years of age in 1960 when the policy was issued, had suffered from a hernia in 1945, from severe injuries including a broken back when a building on which he was working collapsed in 1947, from a fracture of the left tibia in 1951, from a heel cord lengthening in 1952, from a stricture of the esophagus in 1953, and from a fracture of the left hip in 1958. On each of these occasions, he spent considerable time in the hospital. As a result of the injuries, the plaintiff had to use crutches, support himself by leaning on furniture or crawl in order to move from one place to another.

An agent for The Fidelity Interstate Life Insurance Company, which the defendant later absorbed, sold the appellant a policy of insurance covering hospital and surgical benefits.

One of the question in the application was: "Describe in detail any previous sickness, injury or any medical or surgical treatment of which you have knowledge, received by any of the above persons prior to date

[ 202 Pa. Super. Page 556]

    of this application. (Identify person by number - give date of disability - operation performed - and state whether fully recovered)." The appellant answered: "Accident 1947 - Broken ribs, complete recovery."

Another question was: "Do you agree that this application to the Fidelity Interstate Insurance Company is for a policy to be issued solely and entirely in reliance upon the written answers to the foregoing questions, and is not ...


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