Prudential Ins. Co. of America v. Jenkins

Opinion of the Court by

Judge Tilford

Reversing.

This appeal is from a judgment rendered by the Circuit Judge sitting as the trier of the law and facts awarding the appellee $2,000 as the beneficiary of an insurance policy, applied for but not issued, on the life of her fifteen year old son, William L. Jenkins, who was accidentally drowned on October 31, 1939. The application was signed by young Jenkins on October 23d, and rejected by the appellant insurance company on November 2d, after it had received notice of his death. Appellee alleged and proved to the satisfaction of the trial court that…