VACKINER v. MUTUAL OF OMAHA, INSURANCE COMPANY

No. 35960.

137 N.W.2d 859 (1965)

179 Neb. 300

Hartmann VACKINER, Appellant, v. MUTUAL OF OMAHA, INSURANCE COMPANY, Appellee.

Supreme Court of Nebraska.

November 12, 1965.


Attorney(s) appearing for the Case

H. E. Hurt, Jr., Scribner, for appellant.

Sidner, Gunderson, Svoboda & Schilke, Fremont, for appellee.

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, BROWER, SMITH, and McCOWN, JJ.


SMITH, Justice.

Defendant obtained a summary judgment on a claim by plaintiff for hospital and surgical benefits under an insurance contract between the parties. On appeal we review the bill of exceptions with particular reference to contentions that plaintiff fraudulently represented his good health in the written application for the insurance and that the representations were material to the risk.

The application exhibits negative answers to these questions...

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