National Life & Accident Ins. v. Whitlock

This is an action to recover on a policy of life insurance, brought by the plaintiff, Donis H. Whit-lock, beneficiary in the policy, against the defendant Insurance Company. Defendant, at the close of the evidence, moved for an instructed verdict, which motion the trial court denied, and the case was submitted to a jury, which returned a verdict for plaintiff. Judgment was rendered on the verdict, and defendant appeals.

The decisive question presented is whether the trial court erred in denying defendant’s motion for an instructed verdict.

Essential facts established by the evidence were that…