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BRINKMAN v. MUTUAL OF OMAHA INSURANCE COMPANY

Civ. Nos. 8697, 8698.

187 N.W.2d 657 (1971)

Gladys BRINKMAN, Plaintiff and Appellant, v. MUTUAL OF OMAHA INSURANCE COMPANY, Defendant and Respondent. Gladys BRINKMAN, Plaintiff and Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant and Respondent.

Supreme Court of North Dakota.

Rehearing Denied June 22, 1971.

Attorney(s) appearing for the Case

Rausch & Chapman, Bismarck, for plaintiff and appellant.

Conmy, Conmy, Rosenberg & Lucas, Bismarck, for defendant and respondent, State Farm Mutual Automobile Ins. Co.

Zuger, Bucklin & Zuger, Bismarck, for defendant and respondent, Mutual of Omaha Ins. Co.

PAULSON, Judge.

Gladys Brinkman, the widow of Fred Brinkman, commenced an action against Mutual of Omaha Insurance Company [herein Mutual of Omaha] to recover accidental death benefits as beneficiary under a Mutual of Omaha policy, claiming that her husband's death was due to an accident. Mrs. Brinkman also commenced a separate action against State Farm Mutual Automobile Insurance Company [herein State Farm] to recover accidental death benefits provided for under...

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