PATTEN v. CASUALTY CO.

No. 33819.

162 Ohio St. 18 (1954)

PATTEN, APPELLEE, v. THE CONTINENTAL CASUALITY CO., APPELLANT.

Supreme Court of Ohio.

Decided June 16, 1954.


Attorney(s) appearing for the Case

Messrs. Newcomer, Newcomer & Shaffer, for appellee.

Messrs. Gebhard & Hogue, for appellant.


TAFT, J.

There is a conflict in the evidence as to whether Bly told plaintiff, when plaintiff signed the application and paid his ten dollars, that plaintiff was covered by poliomyelitis insurance. In view of the prominent provisions in the application which plaintiff signed that "protection becomes effective noon date of policy," it is doubtful whether plaintiff could have relied on that statement which he testified Bly made. In any event, the allegations of plaintiff...

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