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MUTUAL OF OMAHA I. CO. v. BOSSES

428 Pa. 250 (1968)

Mutual of Omaha Insurance Company, Appellant, v. Bosses.

Supreme Court of Pennsylvania.

January 9, 1968.

Attorney(s) appearing for the Case

William J. Toy, with him George A. Spohrer and Walter B. Gibbons, for appellant.

Perry J. Shertz, with him Rosenn, Jenkins & Greenwald, for appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

OPINION BY MR. JUSTICE MUSMANNO, January 9, 1968:

On August 1, 1964, Fred F. Bosses, member of the B'nai B'rith, executed an application form for certain insurance benefits under a Major Medical Plan offered by the Mutual of Omaha Insurance Company to members of B'nai B'rith, and, in due course, a certificate of insurance was issued to him. Within the two-year period provided under the policy, the insurance company filed an action in equity to rescind the insurance...

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