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SIMMONS v. MUTUAL BENEFIT HEALTH & ACCIDENT ASS'N

No. 37495.

180 N.W.2d 672 (1970)

186 Neb. 26

Robert G. SIMMONS, Sr. and Gladyce W. Simmons, Appellees, Revived in names of Robert G. Simmons, Jr. and Ray C. Simmons, Executors, Appellees, v. MUTUAL BENEFIT HEALTH & ACCIDENT ASSOCIATION, a Corporation, Appellant.

Supreme Court of Nebraska.

October 29, 1970.

Attorney(s) appearing for the Case

Fraizer & Fraizer, Lincoln, for appellant.

Ray C. Simmons, Fremont, for appellees.

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

CARTER, Justice.

Plaintiffs brought this action against the defendant insurance company to recover under a policy of insurance for hospital benefits resulting from injuries sustained by Gladyce W. Simmons in an automobile accident. The trial court sustained a motion by plaintiffs for a summary judgment and the defendant has appealed.

On April 15, 1959, the defendant issued the policy to Gladyce W. Simmons as beneficiary...

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