Foley v. Ohio State Life Ins.

Ohio Supreme Court June 30, 1965

Foley v. Ohio State Life Ins., 3 Ohio St. 2d 36 (Ohio 1965)

209 N.E.2d 166; 32 Ohio Op. 2d 20; 1965 Ohio LEXIS 439

Brown, Herbert, Matthias, Neill, Schneider, Taet, Zimmerman

Opinion of the Court

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.

Reference

Full Case Name: Foley v. Ohio State Life Ins. Co., Appellant Foley v. Ohio State Life Ins. Co.
Status: Published