MONROE v. MUTUAL OF OMAHA INS. CO.

No. 90-6240.

953 F.2d 1210 (1992)

Max MONROE, Plaintiff-Appellant, v. MUTUAL OF OMAHA INSURANCE COMPANY, a corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

January 14, 1992.


Attorney(s) appearing for the Case

Glen Mullins, Oklahoma City, Okl., for plaintiff-appellant.

Mary E. Mott (George D. Davis, with her on the brief) of McKinney, Stringer & Webster, P.C., Oklahoma City, Okl., for defendant-appellee.

Before EBEL and McWILLIAMS, Circuit Judges, and JENKINS, Chief District Judge.


McWILLIAMS, Circuit Judge.

This is a diversity action wherein an insured brought suit against his insurer on certain health insurance policies. Max Monroe, a citizen and resident of Oklahoma, had three such policies with Mutual of Omaha Insurance Company, a Nebraska corporation. Two of these policies contained the following language stamped in red ink on the front page of each policy: "Notice! Your Policy Carries An Elimination Endorsement." The third policy, apparently...

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