KOCH, ADMINISTRATRIX v. PRUDENTIAL INS. CO.

No. 45,162

202 Kan. 229 (1968)

447 P.2d 825

ROSA C. KOCH, Administratrix of the Estate of E.G. Koch, Deceased, Appellee, v. THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, a Corporation, Appellant.

Supreme Court of Kansas.

Opinion filed December 7, 1968.


Attorney(s) appearing for the Case

J.L. Weigand, Jr., of Wichita, argued the cause, and Lawrence Weigand, Lawrence E. Curfman, Byron Brainerd, Charles W. Harris, Orval J. Kaufman, Donald A. Bell, Spencer L. Depew, Paul M. Buchanan, John R. Stallings, Brian G. Grace and Windell G. Snow, all of Wichita, and Granville M. Bush, of Lyons, were with him on the briefs for the appellant.

Arthur C. Hodgson, of Lyons, argued the cause, and James G. Kahler, of Lyons, was with him on the briefs for the appellee.


The opinion of the court was delivered by

HATCHER, C.:

This controversy stems from a dispute as to the age of an insured at the time of his acceptance under a group credit life insurance policy.

On October 30, 1961, E.G. Koch, the decedent, made an installment purchase of a J.I. Case Tractor and gave an installment note to the seller, a local implement dealer in Lyons, Kansas. In connection with the installment purchase contract, Koch made application...

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