SCHNEIDER v. WASHINGTON NATIONAL INS. CO.

No. 44,946

200 Kan. 380 (1968)

437 P.2d 798

GEORGE L. SCHNEIDER, Appellee and Cross-Appellant, v. WASHINGTON NATIONAL INSURANCE COMPANY, Appellant, and Cross-Appellee.

Supreme Court of Kansas.

Opinion filed January 27, 1968.


Attorney(s) appearing for the Case

Gerald Sawatzky, of Wichita, argued the cause, and L.J. Bond, and Robert M. Bond, both of El Dorado, and George B. Powers, John F. Eberhardt, Stuart R. Carter, Robert C. Foulston, Malcolm Miller, Robert N. Partridge, Robert M. Siefkin, Richard C. Harris, Donald L. Cordes, Robert L. Howard, Charles J. Woodin, Mikel L. Stout, Benjamin C. Langel, Phillip S. Frick, Jerry G. Elliott, and John E. Foulston, all of Wichita, were with him on the briefs for the appellant and cross-appellee.

Fred R. Vieux, of Augusta, argued the cause and was on the brief for the appellee and cross-appellant.


The opinion of the court was delivered by

KAUL, J.:

This is an action to recover disability benefits under a health and accident insurance policy. The controversy stems from admittedly false answers to several questions in the application for insurance. The case was tried to a jury on the sole question whether plaintiff-appellee was disabled as a result of an accident. In a special verdict the jury found plaintiff totally disabled. Other issues were determined...

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