WEDNESDAY, NOVEMBER 5, 1997

Allen Green vs Life & Health of America

No. 90,747

Green, now deceased, bought a health benefits policy from Life & Health. The application asked if Green had suffered chronic obstructive lung disease or kidney failure. Green checked "no." In fact, his physician had diagnosed both, but evidence suggested the doctor only told Green he had a little asthma, bronchitis, and "slow" kidneys. The trial court voided the policy. The Fourth District Court agreed, but noted contrary holdings of the First District Court.