[Download] "Robert Montgomery v. Reserve Life" by Western Section Court of Appeals of Tennessee ~ Book PDF Kindle ePub Free

eBook details

Title: Robert Montgomery v. Reserve Life
Author : Western Section Court of Appeals of Tennessee
Release Date : January 07, 1979
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 66 KB

Description

MATHERNE, Judge. His wife having been killed in an automobile accident, the plaintiff, named beneficiary in a life insurance policy issued by the defendant to his wife, sues to recover on the policy. The defendant insists that the application for the policy contains material misrepresentations as to the health of the insured which renders the policy voidable. By its counter-complaint the defendant sought recision of the policy and, therefore, paid into court the full amount of all premiums collected. The trial Judge held that certain statements in the application for insurance were material misrepresentations as to the condition of the insured's health and that these misrepresentations increased the risk of loss. A judgment was, accordingly, entered dismissing the plaintiff's lawsuit, ordering a recision of the policy, and ordering payment to the plaintiff of all premiums paid on the policy. The plaintiff appeals to this Court under several assignments of error. We will not individually treat each assignment of error, but will consider the entire case on the law and facts.