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MUT. BEN. LIFE INS. CO. OF N.J. v. CHISHOLM

No. 44521.

329 N.W.2d 103 (1983)

213 Neb. 301

MUTUAL BENEFIT LIFE INSURANCE COMPANY OF NEW JERSEY, Appellant, v. Richard CHISHOLM, Appellee.

Supreme Court of Nebraska.

January 14, 1983.

Attorney(s) appearing for the Case

Raymond M. Crossman, Jr., of Crossman & Norris, Omaha, for appellant.

Everett Inbody of Haessler, Sullivan & Inbody, Wahoo, and John Haessler, Lincoln, for appellee.

Before KRIVOSHA, C.J., and BOSLAUGH, McCOWN, CLINTON, HASTINGS, and CAPORALE, JJ.

PER CURIAM.

This is an action by plaintiff-appellant, Mutual Benefit Life Insurance Company of New Jersey (Mutual Benefit), for rescission of a group life insurance contract on the life of Freddie R. Long (insured) on the ground of fraudulent misrepresentation by the insured in his application for insurance. Defendant-appellee, Richard Chisholm (Chisholm), generally denied the allegations and cross-petitioned to recover the proceeds as beneficiary of the life insurance...

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