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SALOIS v. MUTUAL OF OMAHA

No. 45231.

90 Wn.2d 355 (1978)

581 P.2d 1349

LINDA L. SALOIS, ET AL, Appellants, v. MUTUAL OF OMAHA INSURANCE COMPANY, ET AL, Respondents.

The Supreme Court of Washington, En Banc.

August 3, 1978.

Attorney(s) appearing for the Case

McKanna, Herman, Toreson & Dunkley, by Lloyd A. Herman and Reed, Otterstrom & Giesa, P.S., by John P. Giesa, for appellants.

MacGillivray, Jones, Clarke, Schiffner & Johnson, by Richard E. Hayes, for respondents.

Slade Gorton, Attorney General, John E. Lamp, Senior Assistant, and Peter J. Bezek, Assistant, amici curiae.

BRACHTENBACH, J.

Plaintiffs, husband and wife, sued for amounts allegedly due from defendant Mutual of Omaha Insurance Company under an insurance policy providing hospital and surgical benefits, for mental distress damages and for attorneys' fees and damages under the Consumer Protection Act, RCW 19.86. Defendant counterclaimed for rescission of the policy, alleging misrepresentations in the application therefor.

Plaintiffs were awarded the insurance benefits...

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