Weber v. Mutual of Omaha Insurance

KILKENNY, District Judge.

On June 23, 1943 defendant issued to plaintiff a policy of insurance 1. Plaintiff claims that on or about December 8, 1956 while the policy was in full force and effect, defendant learned that plaintiff was suffering from an illness which might enable the plaintiff to claim benefits under the policy and that defendant thereupon represented to plaintiff that the policy was in fact term insurance, cancellable by defendant and that said policy would be continued in effect only if the plaintiff consented to the elimination of benefits for disability from hernia, heart or…