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FOLEY v. O. S. L. INS. CO.

Nos. 39086 and 39095.

3 Ohio St. 2d 36 (1965)

FOLEY, APPELLEE, v. OHIO STATE LIFE INS. Co., APPELLANT. FOLEY, APPELLANT, v. OHIO STATE LIFE INS. CO., APPELLEE.

Supreme Court of Ohio.

Decided June 30, 1965.

Attorney(s) appearing for the Case

Mr. Jay C. Brownlee and Messrs. Harrington, Huxley & Smith, for Marguerite Boyer Foley.

Mr. John F. Elsaesser and Messrs. Manchester, Bennett, Powers & Ullman, for the Ohio State Life Insurance Company.

Per Curiam.

A majority of the court is of the opinion that reasonable minds could differ on the issue as to whether the insured's answers in his application were willfully false and fraudulently made. Therefore, the judgment of the Court of Appeals is affirmed and the cause is remanded to the trial court for a new trial.

Judgment affirmed.

ZIMMERMAN, O'NEILL, HERBERT and SCHNEIDER, JJ., concur.

TAFT, C. J., and MATTHIAS, J., dissent...

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