The entries on the two hospital records do not show conclusively that the ailments for which the assured was hospitalized were material to the risk, and that issue remained one of fact for the jury. The issue of waiver of the breach of the policy condition by defendant likewise was properly presented to and resolved by the jury. The application for the issuance of the policy could not be introduced into evidence by defendant because of the restriction imposed by section 142...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.