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SOUTHLAND LIFE INSURANCE COMPANY v. DONATI

114 S.E.2d 595 (1960)

201 Va. 855

SOUTHLAND LIFE INSURANCE COMPANY v. Inez A. DONATI.

Supreme Court of Appeals of Virginia.

June 13, 1960.

Attorney(s) appearing for the Case

William T. Prince, Lawson Worrell, Jr., Norfolk (Williams, Cocke, Worrell & Kelly, Norfolk, on brief), for plaintiff in error.

James M. Pickrell, Norfolk (Kellam & Kellam, Norfolk, on brief), for defendant in error.

Before SPRATLEY, BUCHANAN, MILLER, WHITTLE, SNEAD, and I'ANSON, JJ.

MILLER, Justice.

Action was instituted against Southland Life Insurance Company by Inez A. Donati, beneficiary in an insurance policy issued upon the life of David C. Donati, her husband. In its grounds of defense Southland admitted issuance of the policy sued upon and death of insured, but asserted that the policy was not in force or effect because insured obtained its issuance by fraud. It is stated in the grounds of defense that (a) he obtained the policy by "making...

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