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MUTUAL BENEFIT HEALTH & ACCIDENT ASS'N v. MILDER

No. 32651.

41 N.W.2d 780 (1950)

152 Neb. 519

MUTUAL BENEFIT HEALTH & ACCIDENT ASS'N v. MILDER et al.

Supreme Court of Nebraska.

March 16, 1950.

Attorney(s) appearing for the Case

Lyle Q. Hills, Edward A. Nelson, G. Robert Muchemore, all of Omaha, for appellant.

Jack W. Marer, Omaha, Norman Denenberg, Omaha, for appellees.

Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, CHAPPELL, WENKE and BOSLAUGH, JJ.

BOSLAUGH, Justice.

Mutual Benefit Health and Accident Association, appellant, instituted this action against William Milder and Rose Milder, appellees, to rescind, on the ground of fraud and misrepresentation, a policy of accident and health insurance for which William Milder made application and which it issued to him as insured. Rose Milder, the wife of William Milder, is the beneficiary named in the policy, and is a party...

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