STERLING INS. CO. v. DANSEY


81 S.E.2d 446 (1954)

195 Va. 933

STERLING INS. CO. v. DANSEY.

Supreme Court of Appeals of Virginia.

May 3, 1954.


Attorney(s) appearing for the Case

John J. Wicker, Jr., E. Ballard Baker, Wicker, Baker & Shuford, Richmond, for plaintiff in error.

Sutton & Causey, West Point, for defendant in error.

Before EGGLESTON, SPRATLEY, BUCHANAN, MILLER, SMITH and WHITTLE, JJ.


SMITH, Justice.

This action was instituted on September 8, 1952, by Willie Roy Dansey against the Sterling Insurance Company on a policy of accident and health insurance to recover for total disability. Sterling denied liability and defended on the grounds that Dansey had, in his application for insurance, made two material misrepresentations of fact, namely: (1) by denying he had ever had diabetes when in fact he had suffered from such disease, (2) by failing to...

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