Cox v. Brookings International Life Insurance Co.

MORGAN, Justice.

This appeal arises from an action to recover the proceeds of an insurance contract brought by the beneficiary, Raymond Cox appellant (Cox), against Brookings International Life Insurance Company, appellee (Company). After both sides had rested, the trial court directed a verdict in favor of Company and Cox appeals. We affirm in part, reverse in part, and remand.

In April of 1975, Cox’s wife applied for and received a life insurance policy on their son, Steven, from Company. Mrs. Cox had, as a regular practice, assumed the responsibility to gather the monthly bills and write…