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RUTHERFORD v. PRUDENTIAL INS. CO.

Docket No. 21768.

234 Cal.App.2d 719 (1965)

44 Cal. Rptr. 697

JUANITA F. RUTHERFORD, Plaintiff and Respondent, v. THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, Defendant and Appellant.

Court of Appeals of California, First District, Division One.

June 2, 1965.

Attorney(s) appearing for the Case

Donahue, Richards & Gallagher, Joseph T. Richards and George Olshausen for Defendant and Appellant.

Richard D. Sanders, James E. Scott and Stanley K. Dodson for Plaintiff and Respondent.

BRAY, J.†

Defendant appeals from a judgment, after jury trial, in favor of plaintiff for $34,800, and interest, and from an order denying defendant's motion for judgment notwithstanding the verdict.1

QUESTIONS PRESENTED

1. Is defendant estopped from setting up as a defense any concealment or false representations by the insured?

2. Has defendant waived any misrepresentations...

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