Porter
Porter v. General Accident, Fire & Life Assurance Corp.
Opinion
Lead Opinion
Conrey, J.
The defendant appeals from a judgment which awarded to plaintiff the sum of $560 allowed as compensation for a four-months’ period of -disability of the plaintiff, found to have resulted from an accident covered by the terms of an insurance policy issued by the defendant to the plaintiff.
At a time prior to the issuance of the policy, plaintiff signed an application to the defendant for a policy of insurance and delivered it at Dallas, Texas, to J. H. Wilson, an agent of the defendant. The application was upon a form the blanks in which were filled in writing by the agent, the information being furnished by the plaintiff. A portion of the application reads as follows:
“(C) I have never teen ruptured or otherwise injured or suffered the loss of a limb or the sight of either eye. (D) My hearing or vision is not impaired. (E) I have not had any medical or surgical treatment during the past five years, except as here stated. No exceptions.
“I am not subject to, do not now have, nor have I ever had fits of any kind, vertigo, hernia, paralysis, rheumatism, sciatica, lumbago, nor any disease or infirmity, mental, physi cal, nervous, venereal, chronic or inherited, except as here…