Vackiner v. Mutual of Omaha Insurance Company

This claim on an insurance policy with provisions fop hospitalization, surgical, and medical benefits was dismissed at the close of all the evidence. The question is whether the evidence establishes as a matter of law that the policy was voidable for fraud.

Plaintiff, then age 71 but now deceased, signed the application form on March 18, 1963. An ink “No” appears opposite every question relating to health, the questions reading in part: “Have you * * * ever had, or been told you had,, or received advice or treatment for: * * * heart * * * trouble, * * * bladder trouble, prostate trouble, * * *…