Liberty Nat. Life Ins. Co. v. Smith

This appeal arises from a jury verdict in favor of Plaintiff-Appellee, Julia G. Smith, awarding her benefits under a life insurance policy allegedly obtained on the life of her husband. We reverse and remand.

Because our reversal is grounded solely on the error of the trial Court in granting Plaintiff's requested charge relating to the effective date of the policy (and thus a retrial is probable on the theory of misrepresentation), a detailed recital of the facts other than those essential to this narrow point would be inappropriate.

On February 18, 1976, Hardee W. Hester, an agent of…