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HARRELL v. NORTH CAROLINA MUT. LIFE INS. CO.

Record No. 740292.

213 S.E.2d 792 (1975)

215 Va. 829

Elisha A. HARRELL and William H. Harrell v. NORTH CAROLINA MUTUAL LIFE INSURANCE COMPANY.

Supreme Court of Virginia.

April 28, 1975.

Attorney(s) appearing for the Case

Girard C. Larkin, Jr., Norfolk (Stanley E. Sacks, Sacks, Sacks & Tavss, Norfolk, on brief), for plaintiffs in error.

Sterling W. Walker, Norfolk (W. Wayne Perry, Gen. Counsel, N. C. Mutual Life Ins. Co., Durham, on brief), for defendant in error.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, HARMAN, POFF and COMPTON, JJ.

COMPTON, Justice.

The narrow issue presented by this appeal is whether the defendant insurer sustained its burden to prove clearly that untrue statements made in an application for a policy of life insurance were material to the risk assumed.

At the time of her death on October 10, 1971, Ethel H. Foxx was the insured in an ordinary life policy in the amount of $15,000 issued by defendant, North Carolina Mutual Life Insurance Company, in which plaintiffs, Elisha...

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