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MEYLAN v. MUTUAL BENEFIT LIFE INS. CO.

No. 88-053.

441 N.W.2d 598 (1989)

232 Neb. 565

Audrone MEYLAN, Individually and on Behalf of Britt Meylan and Wayne Meylan, Jr., as Their Parent and Natural Guardian, Appellant, v. MUTUAL BENEFIT LIFE INSURANCE COMPANY, a Corporation, Appellee.

Supreme Court of Nebraska.

June 16, 1989.

Attorney(s) appearing for the Case

Charles L. Titus and Patricia M. Dugan, of Erickson & Sederstrom, P.C., Omaha, for appellant.

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

HASTINGS, C.J., and BOSLAUGH, WHITE, CAPORALE, SHANAHAN, GRANT, and FAHRNBRUCH, JJ.

FAHRNBRUCH, Justice.

The widow of Wayne Meylan, Sr., individually and on behalf of his children, appeals a Douglas County District Court's summary judgment denying them the benefits of an alleged $500,000 insurance policy. Meylan was killed in an airplane accident.

The court in effect found that a Mutual Benefit Life Insurance Company (MBL) policy was never effective because Meylan, before he died, failed to undergo a required paramedical physical examination...

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