Carroll v. Jackson National Life Insurance

Toal, Justice:

We granted certiorari to review the decision of the Court of Appeals in Carroll v. Jackson National Life Ins. Co., — S.C. —, 405 S.E. (2d) 425 (Ct. App. 1991). In that decision the Court of Appeals affirmed the circuit court’s holding that the beneficiaries under a life insurance policy are entitled to summary judgment on the issue of liability when the insurance company cannot prove a causal connection between the death of the insured and material misrepresentations on the application for insurance during the contestability period. We reverse.

FACTS

The plaintiff is the…