Willard v. Claborn

This is an appeal from the action of the trial judge in sustaining a demurrer to the declaration dismissing the case. In this opinion the parties will be referred to as in the trial court, that is, H. Douglas Willard and Jack W. Gillespie as plaintiffs and Arvin Clabom and Lincoln American Life Insurance Company as defendants.

This is a tort action for procuring the breach of a contract of insurance entered into by Manhattan Life Insurance Company and the insured, one Clifford Miller. The plaintiffs as agents for Manhattan Life procured the issuance of this contract of insurance.

Plaintiffs…