United Insurance Co. of America v. Stanley

Harwell, Justice:

On October 6, 1975, respondent applied for a life insurance policy naming her husband as the insured and herself as the beneficiary. Appellant issued the policy on October 13, 1975. Appellant’s agent collected the weekly premiums until the insured’s death in January 1977. Appellant denied the respondent’s request for the proceeds of the policy, tendered the amount of premiums to respondent, and then brought this action to have the policy declared void. Appellant alleged the policy was void ab initio because the insured was not of sound health at the time of application as…