Bankers Health & Life Insurance v. Middleton

James O. Middleton Jr. sued the Bankers Health and Life Insurance Company upon a life-insurance policy issued to James O. Middleton Sr., naming the plaintiff as the beneficiary. The application was signed by the plaintiff and was not a part of the policy. The petition alleged that the insurance company had paid plaintiff the amount of the premiums paid on the policy, and that he had accepted a draft therefor and had signed a receipt acknowledging payment in full of all sums due under the policy, but that he was not bound by the settlement because it was procured by the fraud of the insurance…