Foley v. Ohio State Life Ins.

Ohio Supreme Court

Foley v. Ohio State Life Ins.

209 N.E.2d 166, 3 Ohio St. 2d 36, 32 Ohio Op. 2d 20, 1965 Ohio LEXIS 439

Ohio Supreme Court·Decided June 30, 1965·No. Nos. 39086 and 39095·Published

Opinion

Per Curiam.

A majority of the court is of the opinion that reasonable minds could differ on the issue as to whether the insured’s answers in his application were willfully false and fraudulently made. Therefore, the judgment of the Court of Appeals is affirmed and the cause is remanded to the trial court for a new trial.

Judgment affirmed.

Zimmerman, O’Neill, Herbert and Schneider, JJ., concur. Taet, C. J., and Matthias, J., dissent. Brown, J., not participating.

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Per Curiam.

A majority of the court is of the opinion that reasonable minds could differ on the issue as to whether the insured’s answers in his application were willfully false and fraudulently made. Therefore, the judgment of the Court of Appeals is affirmed and the cause is remanded to the trial court for a new trial.

Judgment affirmed.

Zimmerman, O’Neill, Herbert and Schneider, JJ., concur. Taet, C. J., and Matthias, J., dissent. Brown, J., not participating.

Foley v. Ohio State Life Ins., 209 N.E.2d 166, 3 Ohio St. 2d 36, 32 Ohio Op. 2d 20, 1965 Ohio LEXIS 439 (Ohio 1965).

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209 N.E.2d 166 (Foley v. Ohio State Life Ins.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.