Vackiner v. Mutual of Omaha Insurance Company

Defendant obtained a summary judgment on a claim by plaintiff for hospital and surgical benefits under an insurance contract between the parties. On appeal we review the bill of exceptions with particular reference to contentions that plaintiff fraudulently represented hi's good health in the written application for the insurance and that the representations were material to the risk. ■

The application exhibits negative answers to these questions:

“Have you * * * ever had, or been told you had, or received advice or treatment for: * * * (a) * * * heart, vein or artery trouble * * *? * * * (c) *…