Goforth v. Franklin Life Insurance

The opinion of the court was delivered by

O’Connor, J.:

This action was brought by the widow of a United States Air Force officer to collect the proceeds of an insurance policy issued by the defendant on the life of her husband. Plaintiff predicated her right to recover on two alternative theories: (1) upon the policy as written, and (2) upon the policy as sought to be reformed. The trial court sustained separate motions for summary judgment in favor of the defendant on each theory, and plaintiff has appealed.

Two points are presented for our consideration. The first relates to the claim upon…