CASTAGNO v. OCCIDENTAL LIFE INSURANCE COMPANY

No. C-167-56.

151 F.Supp. 781 (1957)

Zelma Rose CASTAGNO, Plaintiff, v. OCCIDENTAL LIFE INSURANCE COMPANY OF RALEIGH, NORTH CAROLINA, Defendant.

United States District Court Utah, Central Division.

June 3, 1957.


Attorney(s) appearing for the Case

Milton A. Oman and Herschel J. Saperstein, of Draper, Sandack, Draper & Oman, Salt Lake City, Utah, for plaintiff.

A. H. Nebeker and Albert R. Bowen, of Ray, Quinney & Nebeker, Salt Lake City, Utah, for defendant.


CHRISTENSON, District Judge.

The sole question for determination is the sufficiency of the evidence to support the verdict. The plaintiff sued as beneficiary of a life insurance policy issued by the defendant on the life of plaintiff's husband, who thereafter died as a result of a long-standing heart condition. The defense was claimed misrepresentations of the insured primarily in connection with his medical examination. The jury returned a verdict against the insurance...

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