Ward v. Durham Life Insurance

COZORT, Judge.

Plaintiff filed this action to recover benefits under her deceased husband’s life insurance policy which was issued by defendant. Defendant denied coverage on the basis of misrepresentations in the application for insurance and moved for summary judgment. From the trial court’s order granting summary judgment, plaintiff appeals. We reverse.

On 15 October 1985, defendant issued a life insurance policy to plaintiffs husband, Vernon Ward. Plaintiff, the beneficiary under the policy, sought to recover its proceeds after her husband was killed in an automobile accident on 26 January…