FIDELITY & GUARANTY LIFE INS. CO. v. RICHARDSON

No. 21834.

344 F.2d 953 (1965)

FIDELITY AND GUARANTY LIFE INSURANCE COMPANY, Appellant, v. Iva I. RICHARDSON, Appellee.

United States Court of Appeals Fifth Circuit.

May 4, 1965.


Attorney(s) appearing for the Case

Paul R. Larkin, Jr., James E. Tribble, Samuel J. Powers, Jr., Blackwell, Walker & Gray, Miami, Fla., for appellant.

George L. Knight, Hyzer, Knight & Lund and John West, Miami, Fla., for appellee.

Before TUTTLE, Chief Judge, and PHILLIPS, and WISDOM, Circuit Judges.


PER CURIAM.

In this suit on a life insurance policy the insurer appeals from a judgment in favor of the plaintiff based on a jury's special verdict. The jury found that the policy was in effect on the date of the assured's death. The insurer contends that there was insufficient evidence to support the jury's verdict; and that the trial court erred in denying his motions for a directed verdict, judgment n. o. v., and new trial.

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