Franklin Life Insurance Co. v. Durham

TIREY, Justice.

This is an appeal from a summary judgment. The action is one to recover the face amount of a life insurance policy brought by the devisees and legal representative of the beneficiary. The company defended on the ground that the insured effectively terminated the policy for surrender before his death. The court denied the motion for summary judgment filed by the company and granted the motion filed by the plaintiffs. The court held that appellees were ¿¿titled to recover the full face value of the policy of $5000 plus $600 penalty, and fixed ^he attorney’s fees at one-third of…