Lundmark v. Mutual of Omaha Insurance

This action on an individual disability insurance policy presents a narrow issue. The 10 assignments of error reach one basic issue. Is an application for a policy of insurance admissible in evidence when there was a substantial change made after the initial application as a result of information voluntarily supplied by the applicant, which change was not attached to the policy?

John P. Lundmark, respondent (plaintiff), desired to purchase insurance and contacted appellant (defendant), as a result of advertising. One Norman Winchar, an agent of appellant called upon respondent and took an…