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IVORY v. RESERVE LIFE INSURANCE COMPANY

No. 9789.

101 N.W.2d 517 (1960)

John E. IVORY, Plaintiff and Respondent, v. RESERVE LIFE INSURANCE COMPANY, a Corporation, Defendant and Appellant.

Supreme Court of South Dakota.

March 11, 1960.

Attorney(s) appearing for the Case

Hanley, Costello & Porter, Rapid City, for defendant and appellant.

Whiting, Lynn, Freiberg & Shultz, Rapid City, for plaintiff and respondent.

ROBERTS, Presiding Judge.

This action was brought against the Reserve Life Insurance Company by plaintiff claiming indemnity for hospital and surgical expenses. Plaintiff had a verdict for $734 and defendant appeals from the judgment rendered thereon.

Defendant denied liability in its answer alleging that plaintiff made certain false and fraudulent statements in his application for the insurance upon which the defendant...

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