Broome v. Mutual of Omaha Insurance

Whitman, Judge.

The plaintiff below, Louise M. Broome, appeals from an order granting a motion for summary judgment by defendant, Mutual of Omaha Insurance Co., to plaintiff’s action to recover under a policy of disability insurance.

From the pleadings and affidavits before the trial court it appears that the plaintiff applied for a particular policy of disability insurance on June 17, 1965, and was notified on July 19, 1965, by letter, as follows:

“[Y]our policy has been issued relying upon the information contained in your application. A photocopy is attached and is made a part of the policy.

“I…