Quimbee logo
DMCA.com Protection Status

Mutual of Omaha Insurance Co. v. Russell

402 F.2d 339 (1968)

Case BriefRelatedOptions
From our private database of 33,600+ case briefs...

Mutual of Omaha Insurance Co. v. Russell

United States Court of Appeals for the Tenth Circuit

402 F.2d 339 (1968)

Facts

Russell (plaintiff) purchased flight insurance from Mutual of Omaha Insurance Co. (defendant) through a salesperson at a booth in the airport. Russell initially attempted to purchase the insurance at a vending machine, which would have dispensed a T-20 policy, but did not have the proper change. The T-20 policy would have been in effect for the duration of Russell’s trip or for 12 months, whichever happened first. Russell then requested a policy from the salesperson, and the salesperson filled out an application. Without discussing any of the differences or details, the salesperson selected the T-18 policy. Russell estimated that her trip, which was to attend a relative’s funeral, would last for four days. The T-18 policy was then written to expire four days later. The T-18 policy was also slightly more expensive, with a premium of $2.25, than the T-20 policy because additional circumstances were covered under the policy. However, Russell’s trip home was delayed, and her flight occurred after the expiration of the insurance. Russell’s plane crashed while attempting to land, and Russell was killed. Mutual of Omaha denied Russell’s claim because the policy had expired. Russell’s husband sued Mutual of Omaha and sought reformation of the contract so that it would cover Russell’s return flight home as intended. The trial court found for Russell and ordered that that contract be reformed. Mutual of Omaha appealed.

Rule of Law

Issue

Holding and Reasoning (Brown, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 603,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 603,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 33,600 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 603,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 33,600 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership