Mutual of Omaha Insurance Company v. Lang

CATES, Judge.

This appeal was submitted without oral argument October 21, 1965, with a single assignment, viz., that the court below erred in overruling appellant’s motion for new trial.

The Langs brought suit for $500 against Mutual of Omaha for breach of a hospital or medical indemnity policy for expense within the indemnifying agreement on account of Mrs. Lang’s averred foreshortened pregnancy which normally would have resulted in childbirth more than ten months after the policy date.

The plea of the company was that, “The allegations of the complaint are not true.” Thus framed, trial was had…