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Ohio Supreme Court, 1965

Foley v. Ohio State Life Ins.

Foley v. Ohio State Life Ins.
Ohio Supreme Court · Decided June 30, 1965 · Brown, Herbert, Matthias, Neill, Schneider, Taet, Zimmerman
3 Ohio St. 2d 36; 209 N.E.2d 166; 32 Ohio Op. 2d 20; 1965 Ohio LEXIS 439

Foley v. Ohio State Life Ins.

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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