Curtis Kaminer v. The Franklin Life Insurance Company

RIVES, Circuit Judge:

The Kaminer children, plaintiffs, sued the defendant, Franklin Life Insurance Company, claiming that it had issued to their mother, Sondra Kaminer, a life insurance policy in the face amount of $50,000.00 and that they were the named beneficiaries. The answer of the defendant insurance company asserted two defenses: (1) that the policy of insurance was not issued and delivered during the lifetime of Sondra Kaminer, and that the amount of defendant’s liability was limited to $841.00, the premium which had been paid; and (2) that, assuming the existence of a valid policy of…