Smart v. Time Insurance Co.

The appellant, Robert Lee Smart, sued the appellee, Time Insurance Company, for its failure to honor his claim for benefits as beneficiary of a $50,000 life insurance policy issued to his daughter less than four months prior to her death from leukemia. Appellee defended on the ground that insured made material misrepresentations of fact on the application for insurance and that the policy would not have been issued at that time or, if issued, would have been issued at a much higher premium if insurer had known the truth. The trial judge granted summary judgment in favor of appellee. We affirm.