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MUTUAL OF OMAHA INSURANCE COMPANY v. ECHOLS

154 S.E.2d 169 (1967)

207 Va. 949

MUTUAL OF OMAHA INSURANCE COMPANY v. Frank ECHOLS et al., Adm'rs, etc.

Supreme Court of Appeals of Virginia.

April 24, 1967.

Attorney(s) appearing for the Case

R. R. Rush, Roanoke, for plaintiff in error.

Wayt B. Timberlake, Jr., Staunton (Timberlake, Smith & Thomas, Staunton, on brief), for defendants in error.

Before EGGLESTON, C. J., and SPRATLEY, BUCHANAN, SNEAD, I'ANSON, CARRICO and GORDON, JJ.

GORDON, Justice.

Dorothy Guy Echols brought this action to recover medical, nursing and hospital expenses under a major medical expense policy issued to her by Mutual of Omaha Insurance Company. Mutual of Omaha denied liability because of an alleged material misrepresentation in Mrs. Echols' application for the policy. Mrs. Echols died before trial, and the action was revived in the name of her administrators. After the trial, the court entered judgment on the jury...

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