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EQUITABLE LIFE ASSUR. SOC. v. JOINER

No. 84-907.

384 N.W.2d 636 (1986)

222 Neb. 504

EQUITABLE LIFE ASSURANCE SOCIETY OF the UNITED STATES, Appellee, v. Harold JOINER and Violet Joiner, Appellants.

Supreme Court of Nebraska.

April 11, 1986.

Attorney(s) appearing for the Case

Ronald F. Krause of Cassem, Tierney, Adams, Gotch & Douglas, for appellants.

Raymond M. Crossman, Jr., and Franklyn K. Norris of Crossman, Norris & Hosford, for appellee.

KRIVOSHA, C.J., CAPORALE, and SHANAHAN, JJ., GARDEN, District Judge and COLWELL, District Judge, Retired.

GARDEN, District Judge.

This appeal arises out of an action filed by Equitable Life Assurance Society of the United States (Equitable), plaintiff-appellee, in the district court for Douglas County, Nebraska, in which Equitable prayed for rescission of a certain lifetime medical insurance policy issued to Harold Joiner, defendant-appellant, which policy also provided coverage for Violet Joiner, wife of the insured. Equitable had rescinded the policy because the Joiners...

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