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GILBERT v. MUTUAL BENEFIT HEALTH & ACC. ASSN.

Nos. 38,572 and 38,573, Consolidated

172 Kan. 586 (1952)

241 P.2d 768

KATHERYN MARIE GILBERT, Appellee, v. MUTUAL BENEFIT HEALTH & ACCIDENT ASSOCIATION, Appellant. GEORGE E. GILBERT, Appellee, v. MUTUAL BENEFIT HEALTH & ACCIDENT ASSOCIATION, Appellant.

Supreme Court of Kansas.

Opinion filed March 8, 1952.

Attorney(s) appearing for the Case

Charles B. Blackmar, of Kansas City, Mo., argued the cause, and Arthur J. Stanley, Arthur J. Stanley, Jr., J.E. Schroeder, Lee E. Weeks, and Leonard O. Thomas, all of Kansas City, and Henry I. Eager and Arthur N. Nystrom, both of Kansas City, Mo., were with him on the briefs for the appellant.

John E. Blake, of Kansas City, argued the cause, and Robert E. Fabian and Bill E. Fabian, both of Kansas City, were on the briefs for the appellees.

The opinion of the court was delivered by

WEDELL, J.:

Two actions were filed by a man and his wife to reform a health and accident policy and to enforce it as reformed. Judgment was for plaintiffs, George E. and Katheryn Gilbert. The defendant, Mutual Benefit Health & Accident Association, appeals.

The only reformation sought was the correction of the effective date of the policy in order to make it reflect the alleged agreement pursuant to which...

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