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GOFF v. AETNA LIFE AND CASUALTY COMPANY, INC.

No. 48,218

1 Kan. App. 2d 171 (1977)

563 P.2d 1073

WILBUR GOFF, Appellant, v. AETNA LIFE AND CASUALTY COMPANY, INCORPORATED, Appellee.

Court of Appeals of Kansas.

Opinion filed April 8, 1977.

Attorney(s) appearing for the Case

Edward J. Hund and Robert C. Brown, of Smith, Shay, Farmer and Wetta, of Wichita, for the appellant.

Jerry G. Elliott and Stephen T. Phelps, of Foulston, Siefkin, Powers and Eberhardt, of Wichita, for the appellee.

Before FOTH, P.J., ABBOTT and PARKS, JJ.

FOTH, J.:

Plaintiff Wilbur Goff brought this action to recover disability benefits under a group life, sickness and accident policy issued by the defendant Aetna Life Insurance Company. The case was tried to a jury. At the conclusion of all the evidence the trial court ordered dismissal, or in the alternative a directed verdict, based on its finding that plaintiff had not timely filed his proof of loss. Plaintiff has appealed.

Plaintiff was an employee of...

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