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ORTEGA v. NORTH AMERICAN CO. FOR LIFE & HEALTH INS.

No. 37964.

193 N.W.2d 254 (1971)

187 Neb. 569

Eve B. ORTEGA, Appellant, v. NORTH AMERICAN COMPANY FOR LIFE AND HEALTH INSURANCE, a Corporation, Appellee.

Supreme Court of Nebraska.

December 17, 1971.

Attorney(s) appearing for the Case

Robert W. Green, Larry W. Myers, Omaha, for appellant.

James W. Knowles, Edward A. Mullery, Omaha, for appellee.

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

WHITE, Chief Justice.

Plaintiff sues as a beneficiary of a $99,000 life insurance policy. The insured deceased Ortega died of lung cancer shortly after the issuance of the policy. The issues (which overlap) are: (1) Whether Ortega breached a condition precedent requiring continued insurability between the time of the application and the issuance and receipt of the policy; and (2) whether Ortega intentionally failed to disclose certain material facts concerning the...

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