Bauer v. Mutual of Omaha Insurance Company

This is a suit upon a policy of disability insurance dated May 10, 1966, providing benefits of ijtlOO.OO per month in event insured should become totally and permanently disabled.

The insurer, by its answer, defended on the ground the application submitted by complainant contained misrepresentations as to his condition of health and, particularly, that he falsely represented he had completely recovered from an operation to remove or repair a herniated spinal disc, performed in 1960. The jury made specific findings including a finding that insured is totally and permanently disabled.

Included in…