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LANS v. MUTUAL LIFE INS. CO. OF NEW YORK

No. 2 CA-CIV 5098.

145 Ariz. 68 (1984)

699 P.2d 1299

Karen LANS, Plaintiff/Appellant, v. MUTUAL LIFE INSURANCE COMPANY OF NEW YORK, Defendant/Appellee.

Court of Appeals of Arizona, Division 2.

Review Denied February 13, 1985.

Attorney(s) appearing for the Case

Southern Arizona Legal Aid, Inc. by Suzanne Rabe, Tucson, for plaintiff/appellant.

Bilby & Shoenhair, P.C. by John A. Robertson, Tucson, for defendant/appellee.

OPINION

BIRDSALL, Chief Judge.

This is an appeal from the dismissal of appellant's complaint against appellee, Mutual Life Insurance Company of New York (MONY) for failure to state a claim, Rule 12(b)(6), Rules of Civil Procedure, 16 A.R.S.

Appellant Lans purchased MONY's major medical insurance policy in 1969. The policy contained a provision that for male insureds only, all premiums would be waived in the event of a total disability. No similar provision...

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