Peete v. Equitable Life Assurance Society of the United States

REINHARD, Chief Judge.

Plaintiff sued for recovery as the beneficiary of a $7,454.00 life insurance policy on her husband. Defendant raised the affirmative defense of material misrepresentation in regard to a pre-existing heart condition of the insured, Charlie Peete. At the close of all the evidence, defendant’s motion for a directed verdict was denied. The trial court entered judgment in favor of the plaintiff for the face amount of the policy and interest, in accordance with the jury’s verdict, and denied defendant’s motion for judgment n.o.v. We affirm.

The insurance company’s sole point on…