BAYER v. LUTHERAN MUTUAL LIFE INSURANCE COMPANY

No. 37329.

172 N.W.2d 400 (1969)

184 Neb. 826

Dorothy Rachel BAYER, Appellant, v. LUTHERAN MUTUAL LIFE INSURANCE COMPANY, Waverly, Iowa, a Corporation, Appellee.

Supreme Court of Nebraska.

November 28, 1969.


Attorney(s) appearing for the Case

Ray C. Simmons, Fremont, for appellant.

F. W. Carstens, Beatrice, for appellee.

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, SMITH, McCOWN, and NEWTON, JJ.


SMITH, Justice.

Plaintiff claimed accumulated dividends, interest, and other benefits of $1,867.38 under a 30-year endowment insurance policy on completion of the 30-year term. A general agent of defendant insurer had misrepresented the amount of benefits in a letter to plaintiff's mother during plaintiff's minority and shortly after issuance of the policy. Defendant's tender of $1,415.69 due without reference to the letter was refused. After a hearing on motion of...

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