AmerUs Life Insurance Co. v. Smith

LYONS, Justice.

AmerUs Life Insurance Company appeals from the trial court’s order denying its postjudgment motion for a judgment as a matter of law (“JML”), a new trial, or a *1202remittitur. The trial court refused to set aside or modify a judgment entered on a jury verdict in favor of Bobby Ray Smith; Martha Smith, as trustee of the Bobby Ray Smith Family Trust;1 and Precision Husky Corporation (hereinafter sometimes referred to as “the insureds”). We reverse and render a JML in favor of Ame-rUs.

I. Factual Background and Procedural History

In 1987, Carl Edward Jeffrey, an agent for Central Life…