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SIMMONS v. ORION INSURANCE COMPANY

No. 18028.

366 F.2d 572 (1966)

J. Walter SIMMONS, Appellant, v. ORION INSURANCE COMPANY, Ltd., Appellee.

United States Court of Appeals Eighth Circuit.

October 5, 1966.

Attorney(s) appearing for the Case

John G. Crichton, North Kansas City, Mo., for appellant.

Lyman Field, Kansas City, Mo., for appellee. Rogers, Field & Gentry, Kansas City, Mo., with him on the brief.

Before VAN OOSTERHOUT and MEHAFFY, Circuit Judges, and HARPER, District Judge.

MEHAFFY, Circuit Judge.

Plaintiff, J. Walter Simmons, brought this diversity action to recover upon an "Airline Pilot Occupational Disability Policy" issued by defendant, Orion Insurance Company, Ltd. Defendant denied liability and pleaded fraudulent misrepresentation by Simmons in describing the state of his health, which voided the certificate of insurance. The case was tried without a jury, and upon finding that plaintiff was not and never had been disabled the...

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