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WAXSE v. RESERVE LIFE INS. CO.

No. 65486.

809 P.2d 533 (1991)

248 Kan. 582

David J. WAXSE, Special Administrator of the Estate of Maurice J. Behnke, Deceased, Appellant, v. RESERVE LIFE INSURANCE COMPANY, Appellee.

Supreme Court of Kansas.

April 12, 1991.

Attorney(s) appearing for the Case

David J. Waxse, Shook, Hardy & Bacon, Overland Park, argued the cause and Wanda M. Temm, of the same firm, was with him on the brief, for appellant.

Dana M. Harris, of Wallace, Saunders, Austin, Brown & Enochs, Chartered, Overland Park, argued the cause and D'Ambra M. Howard, of the same firm, was with him on the brief, for appellee.

HERD, Justice:

This is an action on a medical insurance contract. The estate of Maurice Behnke, deceased, asserts Reserve Life Insurance Company (Reserve Life) breached its contract to provide major medical insurance when it refused to pay benefits under the contract for medical expenses incurred by Behnke. In defense, Reserve Life argues it properly rescinded the coverage and contract due to material misrepresentations by...

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