Schneider v. Washington National Ins. Co‪.‬

The opinion of the court was delivered by This was an action to recover monthly benefits under a health
and accident disability income insurance policy. The case was
here previously and the facts and issues giving rise to the
present appeal are stated in the court's opinion in Schneider v.
Washington National Ins. Co., 200 Kan. 380, 437 P.2d 798, and
will not be repeated here. The opinion is incorporated herein by
reference. The plaintiff claimed total disability from accidental injury
to his back while lifting a 50-pound sack of feed on September 8,
1960, and that he had not worked since September 14, 1960. He
applied for his health and accident disability insurance on July
17, 1960. After keeping the completed application form overnight,
on July 18, 1960, the plaintiff's brother, Frank Schneider,
delivered the signed application form to the defendant's agent
Robert H. Bridewell.