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PRUDENTIAL INSURANCE COMPANY OF AMERICA v. BARDEN

No. 13417.

424 F.2d 1006 (1970)

The PRUDENTIAL INSURANCE COMPANY OF AMERICA, Appellee, v. Frances S. BARDEN, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided April 13, 1970.

Attorney(s) appearing for the Case

Henry C. Bourne, Tarboro, N. C., for appellant.

Robert L. Emanuel, Raleigh, N. C., for appellee.

Before BRYAN, WINTER and CRAVEN, Circuit Judges.

ALBERT V. BRYAN, Circuit Judge.

Two policies issued by The Prudential Insurance Company of America on October 1, 1966 in North Carolina upon the life of Frank Barden were rescinded at the insurer's suit after his death on December 28, 1966. Both the suit, and the decision of the District Court sustaining it, were grounded upon the assertion of falsity in material representations in the application for the insurance. The beneficiary of the contracts — Frances...

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