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GURLEY v. LIFE & CASUALTY INSURANCE COMPANY OF TENN.

Civ. No. 865.

132 F.Supp. 289 (1955)

Margaret V. GURLEY, Plaintiff, v. LIFE & CASUALTY INSURANCE COMPANY OF TENNESSEE, Defendant.

United States District Court Middle D. North Carolina, Greensboro Division.

June 17, 1955.

Attorney(s) appearing for the Case

Brooks, McLendon, Brim & Holderness, Greensboro, N. C., for plaintiff.

Smith, Moore, Smith & Pope, Greensboro, N. C., for defendant.

HAYES, District Judge.

The defendant's agent W. G. Ware solicited Henry T. Gurley to take a mortgage retirement insurance plan of life insurance to retire the mortgage on a new home of Gurley and represented to him that if he paid the premium when the application was made, the policy would become effective and protect him when the company approved the application. He likewise advised him that $99 was the full premium. This amount was paid when the application was...

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