Phillips v. Old Republic Life Insurance

Shulman, Judge.

Plaintiff-widow, as beneficiary of decedent-insured’s life insurance policy, brought suit against defendant-Old Republic Life Insurance Company upon defendant’s refusal to pay on the policy at the death of the insured. The insurer maintained that it was not liable on the policy since the insured, in obtaining his policy, had made material misrepresentations as to his health. From the grant of defendant’s motion for summary judgment and the consequent denial of plaintiffs motion for summary judgment, plaintiff appeals. We affirm.

1. We cannot agree that the trial court abused its…