DeVore v. Mutual of Omaha Ins.

Plaintiff, appellant herein, is appealing the decision of the trial court sustaining the motion of defendant, appellee herein, to dismiss plaintiff’s complaint because it failed to state a claim upon which relief could be granted.

Plaintiff’s amended complaint is for declaratory judgment on his policy with defendant providing for benefits of $50 per week for loss of time caused by accident or sickness. He alleges that he fell on February 12, 1969, and received benefits from defendant under his policy until May 29, 1969, when plaintiff’s condition was diagnosed as progressive disseminated…