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RELIABLE LIFE INSURANCE CO. v. ELBY

No. 5-5017.

446 S.W.2d 215 (1969)

The RELIABLE LIFE INSURANCE CO., Appellant, v. Ortis ELBY, Appellee.

Supreme Court of Arkansas.

November 3, 1969.

Attorney(s) appearing for the Case

Don Gillaspie, El Dorado, for appellant.

O. K. Robertson, El Dorado, for appellee.

BROWN, Justice.

The Reliable Life Insurance Company petitioned the chancellor for an order of cancellation of insurance issued on the life of Fannie M. Elby. The petition was filed after Mrs. Elby's death and Ortis Elby, beneficiary, was named as defendant. The prayer for cancellation was based on a policy requirement that the insured be in good health on the date of policy issuance. The trial court held the requirement of good health to have been waived because the...

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