American General Life Insurance Co. v. Gilbert

OPINION

FRANKS, Judge.

Plaintiff sued to void a policy of insurance issued on the life of decedent, on the basis decedent had made misrepresentations in the application for insurance and at the time the policy was delivered. The defendant beneficiary counter-claimed, seeking benefits in accordance with the terms of the policy.

The chancellor, without a jury, determined that no material misrepresentations were made in the written application but found decedent “knowingly failed to disclose [a] material fact affecting the risk” at the time the policy was delivered, and voided the policy.

Plaintiff…