{
  "id": 2891274,
  "name": "Joseph Podlesak, Appellee, v. Royal Neighbors of America, Appellant",
  "name_abbreviation": "Podlesak v. Royal Neighbors of America",
  "decision_date": "1915-03-23",
  "docket_number": "Gen. No. 19,875",
  "first_page": "73",
  "last_page": "74",
  "citations": [
    {
      "type": "official",
      "cite": "192 Ill. App. 73"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
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    "ocr_confidence": 0.531,
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    "simhash": "1:5327a4416629160f",
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  "last_updated": "2023-07-14T19:32:59.384140+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Joseph Podlesak, Appellee, v. Royal Neighbors of America, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Barnes\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Presiding Justice Barnes"
      }
    ],
    "attorneys": [
      "U. A. Screechfield and A. W. Fulton, for appellant.",
      "Jones, Kerner & Posvic, for appellee; DeWitt C. Jones, of counsel."
    ],
    "corrections": "",
    "head_matter": "Joseph Podlesak, Appellee, v. Royal Neighbors of America, Appellant.\nGen. No. 19,875.\n(Not to be reported in full.)\nAppeal from the County Court of Cook county; the Hon. David T. Smiley, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1913.\nReversed with finding of fact.\nOpinion filed March 23, 1915.\nRehearing denied April 8, 1915.\nStatement of the Case.\nAction by Joseph Podlesak, plaintiff, against Boyal Neighbors of America, a corporation, defendant, on a benefit certificate issued by defendant to the wife of plaintiff.\nDefendant contended that the insured was guilty of material misrepresentation in her answers to questions in her- application wherein she stated that she had not consulted a physician for personal ailments within seven years and had not had pneumonia. To support its contention defendant introduced evidence showing that the insured had pneumonia four months before the date of the application and was treated for it by a physician. The evidence also showed that she died of pulmonary tuberculosis. From a judgment for plaintiff for one thousand dollars, defendant appeals.\nAbstract of the Decision.\nInsurance, \u00a7 753*\u2014when false answer in application a material misrepresentation. Where an applicant for insurance states in her application, in answering a question therein, that she had not consulted a physician within the preceding seven years and had never had pneumonia, while the evidence shows that four months before the date of the application a physician had treated her for pneumonia and that she had pneumonia, such false answers are material misrepresentations which render the policy void,\nU. A. Screechfield and A. W. Fulton, for appellant.\nJones, Kerner & Posvic, for appellee; DeWitt C. Jones, of counsel."
  },
  "file_name": "0073-01",
  "first_page_order": 97,
  "last_page_order": 98
}