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KILTY v. MUTUAL OF OMAHA INSURANCE COMPANY

No. 41982.

178 N.W.2d 734 (1970)

John C. KILTY, Respondent, v. MUTUAL OF OMAHA INSURANCE COMPANY, Appellant.

Supreme Court of Minnesota.

Rehearing Denied August 7, 1970.

Attorney(s) appearing for the Case

Cragg & Bailly, Minneapolis, for appellant.

John Rheinberger, Stillwater, for respondent.

Heard before KNUTSON, C. J., and ROGOSHESKE, SHERAN, PETERSON, and FRANK T. GALLAGHER, JJ.

OPINION

SHERAN, Justice.

Appeal from a judgment of the district court.

This action was brought to recover certain medical expenses under a health and accident policy issued by defendant insurance company. Defendant claimed nonliability on the ground that the policy had been rescinded by mutual consent. The trial court instructed the jury that the alleged rescission was void and of no effect if secured by the insurer in bad faith or if induced by...

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