En Banc. Rehearing Denied June 22, 1977.
BOLIN, Judge.
Insured sued for mortgage disability benefits, penalties and attorney's fees allegedly due under a disability insurance policy. Insurer defends on two grounds: (1) that plaintiff misrepresented his physical condition on the application form; and (2) that plaintiff's disabling illness or disease preexisted the effective date of the policy and was therefore not covered under the terms of the policy. The...
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