Capitol Life & Accident Insurance Co. v. Phelps

Olly NEAL, Judge.

Appellant Capitol Life and Accident Insurance Company appeals the order of the Sebastian County Chancery Court finding that the application for credit life insurance issued by the appellant to the decedent, Lincoln Phelps, Jr., was ambiguous and subject to interpretation, and denying its motion to rescind three insurance policies issued to Phelps prior to Phelps’s death. On appeal, appellant contends that the trial court erred in ruling that the policy was ambiguous, and that the trial court erred in not rescinding the policies due to the insured’s incorrect statement. We…