Mrs. Myrtle H. Trawick v. The Manhattan Life Insurance Company of New York, New York

GOLDBERG, Circuit Judge:

In this diversity litigation concerning the validity of life insurance policies, the trial court, after a jury had solemnly come to a decision, made a post-trial evaluation of the life insured’s relationship with the insurer. While we accede to the trial judge’s postmortem assessment to the extent of granting a new trial, we deny his complete veto of the jury’s determination by entry of judgment non obstante veredicto.

In 1968 the defendant, Manhattan Life Insurance Company of New York, issued two life insurance policies having a total face value of $130,000 to Harrison…