ACACIA MUTUAL LIFE INS. CO. v. WEISSMAN

No. 34282.

164 Ohio St. 82 (1955)

ACACIA MUTUAL LIFE INS. CO., APPELLANT, v. WEISSMAN, APPELLEE.

Supreme Court of Ohio.

Decided July 20, 1955.


Attorney(s) appearing for the Case

Messrs. Marble & Vordenberg and Mr. Edward A. Burke, for appellant.

Mr. Joseph A. Segal, Mr. Reuven J. Katz and Messrs. Paxton & Seasongood, for appellee.


WEYGANDT, C. J.

This court is of the view that the lower courts were correct in holding that the failure of the plaintiff company to furnish the insured a copy of the application for reinstatement estopped the company from denying the truth of the application.

Section 9389, General Code (Section 3911.04, Revised Code), reads as follows:

"Every company doing business in this state shall return with, and as part of any policy issued by it, to any person...

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