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OWEN v. MUTUAL BENEFIT HEALTH & ACC. ASS'N

Nos. 38,365, 38,366

171 Kan. 457 (1951)

233 P.2d 706

CLARENCE OWEN, Appellee, v. MUTUAL BENEFIT HEALTH AND ACCIDENT ASSOCIATION, Appellant. CLARENCE OWEN, Appellee, v. MUTUAL BENEFIT HEALTH AND ACCIDENT ASSOCIATION, Appellant.

Supreme Court of Kansas.

Opinion filed July 3, 1951.

Attorney(s) appearing for the Case

Charles B. Blackmar, of Kansas City, Missouri, argued the cause, and La Rue Royce, of Salina, and Henry I. Eager, of Kansas City, Missouri, were with him on the briefs for the appellant.

Jerry E. Driscoll, of Russell, argued the cause, and John J. McCurdy, of Lincoln, was with him on the briefs for the appellee.

The opinion of the court was delivered by

HARVEY, C.J.:

In each of these cases the plaintiff sought to recover benefits alleged to be due him on a health and accident insurance policy issued by defendant. They differ only as to the period of time for which recovery was sought. In case No. 38,365 plaintiff sought to recover benefits for the period from July 8, 1940, to June 22, 1946. The case was here before on a demurrer...

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