Marilyn Agnes Cortez, Individually, and as Administratrix of the Estate of Joseph M. Cortez v. Life Insurance Company of North America

MEHAFFY, Circuit Judge.

This appeal lies from a judgment notwithstanding the verdict entered by the district court after trial in a declaratory judgment action brought by appellee, Life Insurance Company of North America, for determination of its liability in the sum of $13,000.00 upon an application, conditional receipt and prepayment of premium by Joseph M. Cortez, who died prior to the issuance of any policy but subsequent to a medical examination by appellee’s doctor. Appellants are Marilyn Agnes Cortez, widow of Joseph M. Cortez, individually and as administratrix of his estate. We affirm…