Sullivan v. Catholic Order of Foresters

Appellate Court of Illinois

Sullivan v. Catholic Order of Foresters

201 Ill. App. 514, 1916 Ill. App. LEXIS 759

Appellate Court of Illinois·Decided October 18, 1916·No. Gen. No. 21,360·Published

Opinion

Mr. Presiding Justice O’Connor

delivered the opinion of the court.

2. Insurance, § 761*—when error of examining physician in recording true answer will not defeat recovery. In an action on a benefit certificate issued by a fraternal insurance society where the defense was that a warranted answer to a question in the application, as to whether the insured had within a certain time sought medical advice, was false, held that if the question had been truthfully answered but the defendant’s examining physician had made a mistake in writing it down, a recovery on the certificate would not thereby be defeated.

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Mr. Presiding Justice O’Connor

delivered the opinion of the court.

2. Insurance, § 761*—when error of examining physician in recording true answer will not defeat recovery. In an action on a benefit certificate issued by a fraternal insurance society where the defense was that a warranted answer to a question in the application, as to whether the insured had within a certain time sought medical advice, was false, held that if the question had been truthfully answered but the defendant’s examining physician had made a mistake in writing it down, a recovery on the certificate would not thereby be defeated.

Sullivan v. Catholic Order of Foresters, 201 Ill. App. 514, 1916 Ill. App. LEXIS 759 (Ill. Ct. App. 1916).

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