Scotten v. Metropolitan Life Insurance

This case comes to the writer on reassignment. This case was tried in the Circuit Court of Howard County and on appeal was taken to the Kansas City Court of Appeals, where the judgment of the circuit court was affirmed. A rehearing was granted and on the rehearing the judgment was again affirmed in an opinion written by Campbell, Commissioner, but by a divided court. Teimble, J., dissented, and upon his request the cause was certified to this court. These opinions will be found reported in 68 S. W. (2d) 60 et seq.

The pertinent facts are as follows: Scotten, the insured, signed an application…