CAPITOL LIFE INSURANCE COMPANY v. THURNAU

No. 17210.

275 P.2d 940 (1954)

The CAPITOL LIFE INSURANCE COMPANY, Plaintiff in Error, v. Edith V. THURNAU and Sandra K. Thurnau, by her next best friend, Edith V. Thurnau, Defendants in Error.

Supreme Court of Colorado, En Banc.

November 8, 1954.


Attorney(s) appearing for the Case

J. P. Nordlund, Wood & Ris, Denver, for plaintiff in error.

Arthur Everett Small, Jr., and Farr & Wilkins, Denver, for defendants in error.


CLARK, Justice.

This is an action based upon a contract for life insurance wherein plaintiffs were successful in securing judgment—based upon a jury verdict in the trial court—against the Capitol Life Insurance Company, defendant therein.

Defendant denied liability under the insurance policy and affirmatively alleged, as one of its defenses, the inclusion as a part of the contract Parts I and II, being the written application therefor, signed...

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