American National Insurance Company v. Joan M. Motta

LEWIS R. MORGAN, Circuit Judge:

This is a diversity case wherein the appellee, Joan M. Motta, filed suit in the Circuit Court of Pinellas County, Florida, seeking recovery as beneficiary on a policy of life insurance issued by the appellant, American National Insurance Company, on the life of her late husband, Paul R. Motta. The cause was thereafter removed to the United States District Court. The action was submitted to this Court on a stipulation of facts.

Briefly stated, the stipulated facts show that Joan Motta’s deceased husband, Paul R. Motta, made an application with the insurance…