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MUTUAL OF OMAHA INSURANCE COMPANY v. RUSSELL

Nos. 9169, 9182.

402 F.2d 339 (1968)

MUTUAL OF OMAHA INSURANCE COMPANY, a corporation, Appellant, v. Elmer D. RUSSELL, Appellee. Elmer D. RUSSELL, Cross-Appellant, v. MUTUAL OF OMAHA INSURANCE COMPANY, a corporation, Cross-Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied December 9, 1968.

Attorney(s) appearing for the Case

Henry G. Eager, Kansas City, Mo., for appellant and cross-appellee.

John E. Shamberg, Kansas City, Kan., for appellee and cross-appellant.

Before MURRAH, Chief Judge, JOHN R. BROWN and HICKEY, Circuit Judges.

JOHN R. BROWN, Circuit Judge:

Does the speed of the modern jet age and the restless, irrepressible, increased tempo of all who are in its vortex impose on a flight insurer the obligation toward prospective policy buyers of explaining the distinctive differences of the several available coverages? Does the insurer's attractive sales booth, neon signs heralding the need for and availability of "flight insurance," and the other catchy advertising come-ons carry the inevitable...

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