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WOLF v. MUTUAL BENEFIT HEALTH & ACCIDENT ASSOCIATION

Nos. 42,268 and 42,339, 42,268 and 42,338

188 Kan. 694 (1961)

366 P.2d 219

WALTER F. WOLF, Appellee, v. MUTUAL BENEFIT HEALTH AND ACCIDENT ASSOCIATION, Appellant. WALTER F. WOLF, Appellee, v. UNITED BENEFIT LIFE INSURANCE COMPANY, Appellant.

Supreme Court of Kansas.

Opinion filed November 10, 1961.

Attorney(s) appearing for the Case

George B. Powers, of Wichita, argued the cause, and Carl T. Smith, John F. Eberhardt, Stuart R. Carter, Robert C. Foulston, Malcolm Miller, Robert N. Partridge, Robert M. Siefkin, Richard C. Harris and Gerald Sawatzky, all of Wichita, and William B. McElhenny, of Topeka, were with him on the briefs for the appellants.

Charles S. Fisher, Jr., of Topeka, argued the cause, and O. B. Eidson, Philip H. Lewis, James W. Porter, E. Gene McKinney, Frank C. Sabatini, John High and Roscoe E. Long, all of Topeka, were with him on the briefs for the appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

These actions were instituted by the insured plaintiff for the recovery of monthly benefits alleged to be payable under certain health and accident policies issued by the defendant companies. Benefits under these policies were payable in the event of total and continuous disability resulting from accidental injury. After commencement of the actions the defendants paid the plaintiff all accrued...

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