Newkirk v. Southern Life & Health Insurance Co.

FRANK D. UPCHURCH, Jr., Judge.

Appellant Rosa Newkirk, as the personal representative of the estates of Harold McKay, Sr. and Alma Newkirk, has appealed from a final summary judgment denying recovery on a joint life insurance policy applied for by McKay and Newkirk just prior to their deaths. Appellant contends that the decedents had made a payment on the policy and hence the policy went into effect on the date of application. We agree with appellant’s contention and reverse the summary judgment.

On November 10,19.77, Curtis Jaggers, an agent for appellee Southern Life, took an application for…