VACKINER v. MUTUAL OF OMAHA, INSURANCE COMPANY

No. 36697.

156 N.W.2d 163 (1968)

182 Neb. 611

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

Supreme Court of Nebraska.

February 16, 1968.


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, SMITH, McCOWN, and NEWTON, JJ.


SMITH, Justice.

This claim on an insurance policy with provisions for hospitalization, surgical, and medical benefits was dismissed at the close of all the evidence. The question is whether the evidence establishes as a matter of law that the policy was voidable for fraud.

Plaintiff, then age 71 but now deceased, signed the application form on March 18, 1963. An ink "No" appears opposite every question relating to health, the questions reading in part: "Have...

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