WAITE v. AMERICAN FAMILY MUT. INS. CO.

No. C3-83-752.

352 N.W.2d 19 (1984)

Rockne R. WAITE, et al., Appellants, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, et al., Respondents.

Supreme Court of Minnesota.

July 27, 1984.


Attorney(s) appearing for the Case

Thomas J. Hartigan, St. Paul, for appellants.

Roger A. Jensen, St. Paul, for respondents.

Considered and decided by the court en banc without oral argument.


SIMONETT, Justice.

The jury found that plaintiffs' answers on a health insurance application were false but did not materially affect the risk. We reverse the trial court's order for judgment notwithstanding the verdict but affirm the trial court's alternative ruling of a new trial.

In January 1980, plaintiff-appellants Rockne Waite and his wife Elaine applied for family health insurance with defendant-respondent American Family Mutual Insurance Company. Mr...

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