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MARKS v. CONTINENTAL CASUALTY CO.

No. 10656.

19 Utah 2d 119 (1967)

427 P.2d 387

RUTH MARKS, PLAINTIFF AND RESPONDENT, v. CONTINENTAL CASUALTY CO., DEFENDANT AND APPELLANT.

Supreme Court of Utah.

May 5, 1967.

Attorney(s) appearing for the Case

Hanson & Baldwin, Rex J. Hanson, Salt Lake City, for appellant.

Dwight L. King, Salt Lake City, for respondent.

CROCKETT, Chief Justice:

The plaintiff, Ruth Marks, sued for the cost of hospitalization and medical expenses for an operation on her back, claiming coverage by defendant, Continental Casualty Company. Neither the writing of the coverage, nor the payment of premium, in May, 1963, is disputed. Defendant based its refusal to pay on two grounds: (1) that plaintiff made misrepresentations in applying for the insurance; and (2) that the operation was to correct a condition...

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