Kilty v. Mutual of Omaha Insurance Company

Sheran, Justice.

Appeal from a judgment of the district court.

This action was brought to recover certain medical expenses under a health and accident policy issued by defendant insurance company. Defendant claimed nonliability on the ground that the policy had been rescinded by mutual consent. The trial court instructed the jury that the alleged rescission was void and of no effect if secured by the insurer in bad faith or if induced by any misrepresentation on the part of the insurer. A verdict was returned for plaintiff in the amount of $3,499.58. The trial court entered brief findings of…