Elmore v. Life Ins. Co. of Virginia

On May 10, 1937, the appellant, without medical examination of the applicant, issued a policy, insuring the life of Selina Driggers, age 64, in the sum of $170.00. The insured died in less than four months thereafter, on September 2, 1937, as a result of coronary sclerosis. The respondent, Ruther Elmore, a nephew of the insured, was named as beneficiary in the policy, and, upon the refusal of the appellant to pay the insurance to him, he brought this action and recovered judgment for the full amount.

The appellant made an unsuccessful motion for a directed verdict, predicated upon several…