Gass v. Commonwealth Casualty Co.

Citations

• 113 Kan. 510
• 214 P. 1115
• 1923 Kan. LEXIS 143

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Health Insurance — Inadvertent Mistake in Proof — Mistake May Be Corrected. In making proof of a disease against which the plaintiff was insured, a mistake inadvertently made as to the time the disease was contracted was open to explanation and correction and did not estop her to show the real facts in the case as to when her sickness actually began.</p> <p>2. Same — Evidence Sufficient to Show Mistake. The evidence examined and held, to be sufficient to sustain the finding of the trial court that the disease against which she was insured was contracted more than thirty days after the insurance was in force.</p>