United Family Life Insurance v. Shirley

Banke, Judge.

The appellant, United Family Life Insurance Company, filed a declaratory judgment action to set aside two policies issued on the life of appellee’s minor child, now deceased, on the ground that appellee had made material misrepresentations in the application for insurance. The appellee denied the charges and counterclaimed to recover the face amount of both policies. The jury returned a verdict for appellee on his counterclaim. The appellant moved for a new trial, and it now appeals the denial of its motion.

Appellee completed the first insurance application in January 1975 and…