Pitcher v. World Insurance Co.

Plaintiff Vernie C. Pitcher petitioned in equity for a declaration of rights under a nonprorating lifetime disability benefit policy, issued to him by defendant World Insurance Company of Omaha, Nebraska. The company filed a cross bill seeking rescission of the contract of insurance.

Pitcher learned about the company through pamphlets mailed to him. Later the company’s local solicitor, Ralph J. Wagner, called at the Pitcher home. When Pitcher decided to take the insurance, Wagner read to him and his wife the questions in the application and wrote in the answers. Question 9 reads:

“Have you…