Michigan Mut. L. Ins. v. Whittaker

Citations

• 18 Ohio C.C. Dec. 688
• 7 Ohio C.C. (n.s.) 1

Syllabus

<p>INSURANCE.</p> <p>Jelke, Swing and Giffen, JJ.</p> <p>Concealment of Condition of Health by Applicant fob Insurance, as Disclosed by Consultation with Three Physicians, Fraudulent.</p> <p>The concealment by an applicant for life insurance, of the condition of his health, it appearing from the testimony that three physicians had informed him of the serious nature of his malady, one refusing to pass him for insurance, another telling him that he had an organic lesion of the heart, and the third discovering and disclosing to him an enlargement of the spleen, will sustain the defense of fraud in an action on his policy, even though the physician examining him on behalf of the company failed to discover anything .abnormal in the condition of his health.</p>