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LIFE & CASUALTY INS. CO. OF TENN. v. SMITH

No. 5-4730.

436 S.W.2d 97 (1969)

LIFE & CASUALTY INS. CO. OF TENN., a corp., Appellant, v. Leopal C. SMITH, Appellee.

Supreme Court of Arkansas.

Rehearing Denied February 10, 1969.

Attorney(s) appearing for the Case

Douglas Bradley, Jonesboro, for appellant.

Barrett, Wheatley, Smith & Deacon, Jonesboro, for appellee.

BROWN, Justice.

Life & Casualty Insurance Company of Tennessee prosecutes this appeal from a judgment favoring Leopal C. Smith, widow of the insured, W. D. Smith. The application attached to the nonmedical policy showed the insured to have been in good health. The essential contentions determinative of the appeal are to the effect that Smith was then suffering from physical ailments material to the issuance of the policy; and that the failure to reveal those ailments...

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