Marcella A. MacKenzie v. The Prudential Insurance Company of America

COMBS, Circuit Judge.

Plaintiff-appellant was beneficiary under an insurance policy written by defendant-appellee on the life of her decedent, Jerome F. MacKenzie. After Mr. MacKenzie’s death in August, 1966, 1 Prudential refused to pay over the proceeds of the policy, contending that Mac-Kenzie had in legal effect made material misrepresentations concerning his health when he accepted delivery of the policy. This action was brought in state court in Louisville, Kentucky, but was removed to the United States District Court by reason of diversity of citizenship. The district court granted…