Eskew v. Life Ins. Co. of Virginia

The opinion of the Court was delivered by

Mr. Justice Bonham.

Amos O. Eskew brought action on a policy of life insurance issued by defendant insurance company by which it insured the life of Mrs. Lurline Eskew, of which Amos O. Eskew, her husband, was the named beneficiary.

The allegations of the complaint showed the issuance of the policy on December 13, 1937; the death of the insured on April 26, 1938; that proofs of death were duly filed, and demand made and payment refused.

For answer, the defendant admitted the issuance of the policy upon faith in the truth of the statements made by the…