Protective Life Ins. Co. v. Atkins

The appeal is from a jury verdict against Protective Life Insurance Company in favor of the plaintiff, Ruby Inez Atkins, in the amount of $42,605.00. Plaintiff, as administratrix of her husband's estate, sued Protective for breach of contract based on a mortgage protection policy issued by Protective on the deceased husband's life. Under the policy, the balance due on the mortgage would be paid to the mortgagee, First Federal, in the event of the death of the holder of the insurance certificate.

The premiums on the policy for the first year were paid in advance. The deceased husband, Lawrence…