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CALLAHAN v. WASHINGTON NATIONAL INS. CO.

No. S-98-1288.

608 N.W.2d 592 (2000)

259 Neb. 145

Troy CALLAHAN, appellant, v. WASHINGTON NATIONAL INSURANCE COMPANY, appellee.

Supreme Court of Nebraska.

April 7, 2000.

Attorney(s) appearing for the Case

M.J. Bruckner and John C. Fowles, of The Bruckner/Ballew Law Firm, P.C., Lincoln, for appellant.

Thomas J. Walsh, Jr., of Walsh, Fullenkamp & Doyle, Omaha, for appellee.

WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

MILLER-LERMAN, J.

NATURE OF CASE

Troy Callahan filed a declaratory judgment action against Washington National Insurance Company (Washington National) seeking a determination that Washington National was obligated to insure him pursuant to an application for health insurance which he completed on April 15, 1996. Washington National rejected Callahan's application after he was injured in a farm accident on April 30. Callahan filed a motion for partial summary...

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