DUERKSEN v. BROOKINGS INTERNATIONAL LIFE & CAS. CO

No. 10493.

166 N.W.2d 567 (1969)

Albert DUERKSEN and Lydia Duerksen, Plaintiffs and Respondents, v. BROOKINGS INTERNATIONAL LIFE AND CASUALTY COMPANY, Defendant and Appellant.

Supreme Court of South Dakota.

Rehearing Denied May 14, 1969.


Attorney(s) appearing for the Case

John H. Zimmer, of Zimmer & Haar, Parker, for plaintiffs and respondents.

McCann & Martin, Brookings, for defendant and appellant.


BIEGELMEIER, Presiding Judge.

Plaintiffs are beneficiaries of a life insurance policy issued by defendant on the life of their daughter Jean who died as a result of an airline crash on August 6, 1966. The policy had been issued on an application signed by the insured's father Albert Duerksen dated July 6, 1961, at which time he delivered his check to the agent for the first year's premium in the sum of $29.38, the correct amount to pay for 359 days' insurance on a...

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