Owens v. Durham Life Insurance

HEMPHILL, Chief Judge.

Action by beneficiary of Durham Life Insurance Company Policy Number 64 54 37 admittedly issued May 1, 1964 on the life of William E. Owens, now deceased, in the face amount of $5,000.00, with plaintiff as named beneficiary. Attached was an endorsement for “Decreasing Term Insurance” in the amount of $9000.00, totalling insurance in effect at $14,000.00. All premiums due under the contract were admittedly paid up to and including July 23, 1964, on which date the insured came to his death.

The facts in this case are substantially undisputed. The testimony shows that on the…