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BAUER v. MUTUAL OF OMAHA INSURANCE COMPANY

460 S.W.2d 366 (1969)

Harry BAUER, Complainant, Appellee, v. MUTUAL OF OMAHA INSURANCE COMPANY, Defendant, Appellant.

Court of Appeals of Tennessee, Eastern Section.

Certiorari Denied January 19, 1970.

Attorney(s) appearing for the Case

Goins, Gammon, Baker & Robinson, Chattanooga, for defendant, appellant.

Marvin Berke, Chattanooga, for complainant-appellee.

Certiorari Denied by Supreme Court January 19, 1970.

OPINION

McAMIS, Presiding Judge.

This is a suit upon a policy of disability insurance dated May 10, 1966, providing benefits of $300.00 per month in event insured should become totally and permanently disabled.

The insurer, by its answer, defended on the ground the application submitted by complainant contained misrepresentations as to his condition of health and, particularly, that he...

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