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ELLIOTT v. INTERSTATE LIFE & ACCIDENT INSURANCE CO.

176 S.E.2d 314 (1970)

211 Va. 240

Nellie Maxey ELLIOTT v. INTERSTATE LIFE AND ACCIDENT INSURANCE COMPANY.

Supreme Court of Appeals of Virginia.

September 4, 1970.

Attorney(s) appearing for the Case

Joseph R. Johnson, Jr., Lynchburg, for plaintiff in error.

E. Marshall Frost, Lynchburg (Herndon P. Jeffreys, Jr., Richmond, John R. Alford, Lynchburg, on the brief), for defendant in error.

Before SNEAD, C. J., and I'ANSON, CARRICO, GORDON, COCHRAN and HARMAN, JJ.

HARMAN, Justice.

Plaintiff, Nellie Maxey Elliott, instituted her action below by motion for judgment alleging that defendant, Interstate Life and Accident Insurance Company, contracted, on June 16, 1967, with Alvah Phillip Elliott, plaintiff's husband, to insure his life for the sum of $12,000, that she was the beneficiary named in said contract, that Alvah Phillip Elliott died on July 20, 1967, at a time when such contract was in full force and effect. Defendant...

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