Banks v. United Insurance Co. of America

Nora Banks was the beneficiary of five policies written by the United Insurance Company of America on the life of her mother, Lucille Osborne. Mrs. Osborne died on May 11, 1971, from acute myocardial infarction and generalized arteriosclerosis. United refused payment and Mrs. Banks filed this action to recover the proceeds of the policies. The trial court found in her favor and awarded her a judgment of $6,890 and costs.

Although a number of issues have been raised by United, we need only treat the contention that the controversy was not resolved on its merits because the court misapplied…