Bobo v. Mutual of Omaha Mutual Benefit Health

The opinion, of the court was delivered by

Fatzer, J.:

This was an action to recover benefits under a policy of hospitalization insurance issued by the defendant. The appeal is from an order of the district court overruling the plaintiffs’ “Demurrer and Motion to Strike” paragraphs Fourth and Fifth from the defendant’s answer.

Summarized, the plaintiffs’ amended petition alleged that they were residents of Sedgwick County, Kansas; that on June 13, 1962, the defendant, an insurance company duly organized under the laws of the state of Nebraska, issued to the plaintiffs its policy of insurance;…