OMAHA NAT. BANK v. MFRS. LIFE INS. CO.

No. 82-130.

332 N.W.2d 196 (1983)

213 Neb. 873

OMAHA NATIONAL BANK, Trustee for Raymond C. Cutchall, Appellant, v. The MANUFACTURERS LIFE INSURANCE COMPANY, Appellee.

Supreme Court of Nebraska.

April 1, 1983.


Attorney(s) appearing for the Case

John F. Thomas and William F. Hargens of McGrath, North, O'Malley & Kratz, P.C., Omaha, for appellant.

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

BOSLAUGH, McCOWN, and HASTINGS, JJ., and BRODKEY, J., Retired, and RIST, District Judge.


BOSLAUGH, Justice.

The plaintiff bank as trustee is the primary beneficiary of a life insurance policy issued to Raymond C. Cutchall, the insured, by the defendant insurer on March 23, 1976. Cutchall died on August 13, 1977, during the contestable period of the policy. This action was brought on December 10, 1979, to recover the proceeds of the policy.

It is undisputed that the premiums due under the policy were paid and the only issue is whether the defendant...

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