Atlantic American Life Insurance v. Morris

Banke, Judge.

Mrs. Lucille B. Morris, the appellee, sued Atlantic American Life Ins. Co., the appellant, to recover (as beneficiary) the face amount plus the endowment certificates on a policy insuring the life of her deceased son. She also sought to recover attorney fees and a penalty for bad faith for refusing to pay after demand. The appellant raised an affirmative defense that the insurance> contract was void ab initio because of misrepresentations on the application for insurance which were material to the risk.

The jury returned a verdict for the appellee on all counts. The appellant…