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KIZZIAH v. GOLDEN RULE INS. CO.

87-1023.

536 So.2d 943 (1988)

Grady F. KIZZIAH v. GOLDEN RULE INSURANCE COMPANY.

Supreme Court of Alabama.

Rehearing Denied December 23, 1988.

Attorney(s) appearing for the Case

James P. Rea of Hogan, Smith, Alspaugh, Samples & Pratt, Birmingham, and Claire A. Black of Dishuck, Lacoste & Black, Tuscaloosa, for appellant.

Thomas R. Jones, Jr., of Rosen, Harwood, Cook & Sledge, Tuscaloosa, and Guy E. McGaughey, Jr., of McGaughey & McGaughey, Lawrenceville, Ill., for appellee.

HOUSTON, Justice.

On May 29, 1984, Kizziah applied to Golden Rule Insurance Company for individual major medical health insurance, which became effective on June 4, 1984.

The completed application submitted by Kizziah to Golden Rule had asked questions relating to pre-existing conditions. On this application, Kizziah answered "no" to question 12(a), (b), (c), and (e):

"12. Has any person in # 1 [Kizziah] had any indication, diagnosis, or treatment...

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