AMERICAN PIONEER LIFE INS. CO. v. SMITH

No. 73-199.

504 S.W.2d 356 (1974)

AMERICAN PIONEER LIFE INSURANCE COMPANY, Appellant, v. Mrs. Lawrence E. SMITH, Appellee.

Supreme Court of Arkansas.

January 28, 1974.


Attorney(s) appearing for the Case

Davidson, Plastiras & Horne, Ltd. by Cyril E. Hollingsworth, Jr., Little Rock, for appellant.

Wright, Lindsey & Jennings by Ronald A. May, Little Rock, for appellee.


BYRD, Justice.

Appellant American Pioneer Life Insurance Company seeks to avoid its liability upon a credit life insurance policy issued to Lawrence E. Smith upon the basis that his statement in the application that "I am now in good health" was incorrect within the meaning of Ark.Stat.Ann. § 66-3208 (Repl.1966). It is admitted that the insured suffered from diabetes mellitus, having been hospitalized in 1956, and that he remained on medication therefor until...

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