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eBook details

• Title: Wolf v. Mutual Benefit Health & Accident Association
• Author : Supreme Court of Kansas
• Release Date : January 10, 1961
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

The opinion of the court was delivered by These actions were instituted by the insured plaintiff for the recovery of monthly benefits alleged to be payable under certain health and accident policies issued by the defendant companies. Benefits under these policies were payable in the event of total and continuous disability resulting from accidental injury. After commencement of the actions the defendants paid the plaintiff all accrued monthly payments, and the plaintiff stipulated that such payment was in full settlement and agreed to dismiss the actions with prejudice. The issue of whether the defendants were liable for attorneys' fees under G.S. 1959 Supp., 40-256, was reserved for determination by the court. After a hearing on this issue the trial court held the defendants liable for attorneys' fees, from which ruling appeals have been duly perfected by the defendants. Four appeals have been docketed in this court, all of which have been consolidated by agreement of the parties. For further clarification, No. 42,267 is an appeal by Mutual Benefit Health and Accident Association from the initial adverse judgment of the trial court dated June 15, 1960, and No. 42,339 is Mutual's appeal in the same action from subsequent rulings of the trial court. These separate appeals were taken to avoid the possible argument that a motion for a new trial was unnecessary and therefore would not extend the appeal time.

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