Question: Stumpf an infant was killed when a driver of an
Stumpf, an infant, was killed when a driver of an automobile ran up on the sidewalk into Stumpf, killing him. There was proof that the driver had suffered an epileptic seizure that caused the accident. When the driver had applied for his automobile insurance policy, the application asked, “Has applicant (or anyone who usually drives the applicant’s motor vehicle) any mental or physical disability?” The driver had responded “No,” even though he had suffered epileptic seizures in the past. The insurance company refused to cover the loss, claiming misrepresentation in the application. Will the insurance company succeed?
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