General American Life Insurance Co. v. Valley Feed Mills, Inc.

OPINION

WARD, Justice.

The beneficiary of a life insurance policy sued for the amount of the annual premium which the insurer withheld when the death benefits were paid to the beneficiary. After trial on stipulated facts and some undisputed testimony, the district court, without the intervention of a jury, rendered judgment against the insurance company for the amount deducted, less the amount of one monthly premium, plus the statutory 12 per cent penalty, interest and attorney’s fees. The judgment of the trial court is reversed and rendered.

The two questions presented by the appellant on this…