MARTIN v. MUTUAL OF OMAHA INS. CO.

No. 44,614

198 Kan. 135 (1967)

422 P.2d 1009

ALBERT E. MARTIN, Appellant, v. MUTUAL OF OMAHA INSURANCE COMPANY, a Corporation, Appellee.

Supreme Court of Kansas.

Opinion filed January 21, 1967.


Attorney(s) appearing for the Case

John William Mahoney, of Kansas City, argued the cause, and David W. Carson, John K. Dear, Ernest E. Yarnevich, Joseph T. Carey and John H. Fields, all of Kansas City, were with him on the briefs for the appellant.

John C. Thurlo, of Kansas City, Missouri, argued the cause, and John J. Jurcyk, Jr., and Robert D. Benham, both of Kansas City, and Henry G. Eager and John J. Kitchin, both of Kansas City, Missouri, were with him on the briefs for the appellee.


The opinion of the court was delivered by

HATCHER, C.:

This appeal stems from a controversy over the answers to questions in an application for health and accident insurance.

The facts may be briefly summarized.

In 1959 the plaintiff applied for and was issued a health and accident insurance policy by the defendant, The Mutual of Omaha Insurance Company. In 1961 the plaintiff incurred doctor and hospital bills in the amount of $566.55 for removal...

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