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BURNS v. PRUDENTIAL INS. CO.

Docket No. 25418.

201 Cal.App.2d 868 (1962)

20 Cal. Rptr. 535

PATRICIA K. BURNS, Plaintiff and Appellant, v. THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, Defendant and Respondent.

Court of Appeals of California, Second District, Division Three.

March 29, 1962.

Attorney(s) appearing for the Case

Jack Dunaway for Plaintiff and Appellant.

Adams, Duque & Hazeltine, James S. Cline and John H. Brinsley for Defendant and Respondent.

FILES, J.

This is an action upon a $10,000 life insurance policy issued by the defendant on the life of plaintiff's husband, Sidney D. Burns. The policy was taken out on May 15, 1957, and Mr. Burns died on September 1, 1958. An autopsy established that death was the result of a coronary thrombosis. Defendant then acted to rescind the policy on the ground of misrepresentations and concealments of fact. An agreed pre-trial statement limited the controverted issues at...

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