Maddox v. Colonial Life & Accident Insurance

COPELAND, Justice.

The sole question presented by this appeal is whether the reduction clause of the “Master Select Risk Accident Policy” issued by defendant to insure the life of Carter Maddox applies in this case to reduce plaintiff’s recovery to one-fifth of the face amount of the policy. For the reasons stated below, we reverse the Court of Appeals’ majority opinion and find that the trial court properly held the reduction clause inapplicable and correctly granted summary judgment in favor of plaintiff for the face amount of the policy.

The provisions of the policy which we are called upon…