DEAN v. NATIONWIDE LIFE INSURANCE COMPANY

No. 11741.

536 P.2d 1122 (1975)

96 Idaho 772

Norman D. DEAN, Plaintiff-Respondent, v. NATIONWIDE LIFE INSURANCE COMPANY, an Ohio Corporation, Defendant-Appellant.

Supreme Court of Idaho.

June 23, 1975.


Attorney(s) appearing for the Case

William A. Stellmon of Ware, Stellmon & O'Connell, Lewiston, for defendant-appellant.

Reed Clements of Clements & Clements, Lewiston, for plaintiff-respondent.


SHEPARD, Justice.

This is an appeal by an insurance carrier from a judgment in favor of an insured after a denial of coverage under a group medical insurance policy. The amount of the judgment is not questioned but only the issue of liability under the policy. The primary question on this appeal is the insurance carrier's contention that the insured failed to disclose a health condition on his application for insurance, which condition later necessitated coronary...

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