OPINION BY MR. JUSTICE MUSMANNO, November 10, 1964:
On August 31, 1957, Anthony Luta applied for life insurance and was required, as is the practice in such matters, to answer in writing certain questions with regard to the state of his health, current and past. One of the questions read: "Have you ever been treated for or had any known indication of (e) ulcer of stomach or intestines, or rectal disorder?" He answered this question "No."
On July 9, 1958, he...
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